Catoosa County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IX
- ADMINISTRATIVE PROCEDURES
9.01.00 - GENERALLY
9.01.01 Purpose
Article IX sets forth the procedures and requirements that shall be followed in order to seek approval for any development in unincorporated Catoosa County. Article IX also sets forth the requirements for appealing decisions and for enforcement.
A.
No person shall develop any property within Catoosa County without first obtaining an approved subdivision plat, an approved development plan, and development and building permits to perform such activities. Said permits shall not be issued until requested zoning changes, special use permits or variances, if applicable, are approved in accordance with the procedures of this Article. All development activities or site work conducted after approval of a development plan or subdivision plat shall conform to the specifications of such approved plat or plan.
B.
A plat of a land subdivision shall be recorded in the office of the Clerk of the Superior Court of Catoosa County when approved as required by this UDC. The filing or recording of a plat of a subdivision without such approval is declared to be a violation of this UDC.
C.
The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to, exhibition 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 Catoosa County is prohibited, and the description by metes and bounds in the instrument of transfer or other document shall not exempt the transaction from prescribed penalties.
D.
It shall be unlawful to commence the following activities until the required development or development permit for such work has been issued by the Zoning Administrator:
1)
Excavation or filling of any lot for any construction of any building;
2)
Construction of any building;
3)
Moving or alteration of any building;
4)
Development of more than one acre of land (or the development of any size tract of land involving the creation of, or engaging in the operation of a mine, landfill, junkyard or recycling plant), for a use not requiring a building.
E.
Completion of an application for a building or development permit shall constitute permission for all county zoning entities to inspect or view the property at all reasonable times and to make such nondestructive testing (including, but not limited to, soil borings) as may be reasonable to determine factors relevant to the criteria set forth in this UDC.
F.
A permit meeting the standards found in O.C.G.A. § 36-72-1 et seq., shall be required prior to commencing any development, land disturbance, building, change of land use, or other action which is reasonably likely to disturb an abandoned cemetery or burial ground. See also Section 9.04.04 of this Article.
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.
9.01.04 Determination of Completeness
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 and 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.
9.02.00 - APPROVAL OF ZONING DECISIONS
9.02.01 Application, Zoning Change
A.
General Requirements. Any landowner or their authorized agent requesting a zoning change (rezoning or special use approval) shall file a written application containing no less than the following items of information:
1)
Name and address of the applicant.
2)
Street/road address (including box or postal number, if such has been designated by the postal service) location of the property for which the proposed amendment is sought; if the property includes more than one postal address, only one need be shown so long as a general description of the entire property is provided; if the property is in a subdivision, the lot number(s) shall also be provided in the application.
3)
Current zoning of the property for which the zoning change is being sought.
4)
Names and addresses of the owners and, if applicable, lessees of the property, if different than that of the petitioner.
5)
Requested zoning classification and reason for change with specificity.
6)
Such other or additional information as may be requested by the zoning administrator to enable him to determine whether the terms of this UDC are complied with.
7)
Said application shall be sworn to be true and correct and signed by the landowner and his/her/its agent requesting the zoning change, if applicable.
a.
The application shall include the property owner's signature that attests to his or her ownership of the property shown on the application.
b.
Should the property owner appoint another party to act as his/her agent in the proposed zoning change, the application shall include the property owner's signature that identifies and authorizes the party responsible for acting as said agent.
8)
The application shall be accompanied by an application fee as may be established by the Board of Commissioners from time to time unless a pauper's affidavit is approved by the County.
B.
Additional Requirements for Planned Unit Development (PUD).
A preliminary development plan containing the following information shall be filed with the application for rezoning, in addition to any information otherwise required of all rezoning applications:
1)
The proposed name of the PUD;
2)
An aerial photograph of the area and vicinity;
3)
A complete and accurate legal description of the proposed PUD property;
4)
A tabulation of total acreage of the site designated for various uses, i.e., parking, structures, streets, parks, playgrounds and utilities;
5)
Location of all structures in the PUD and proposed building densities (units per acre);
6)
Preliminary subdivision plats, if site is being subdivided, showing layout of all lots which shall comply with the subdivision regulations of this UDC;
7)
Proposed circulation pattern of the public streets and private driveways;
8)
Parking layout which complies with the provisions of this ordinance concerning off-street parking;
9)
All access points to the same arterial streets to be located and which shall have been approved by the public works department and/or the Georgia Department of Transportation;
10)
Preliminary engineering plans for any necessary infrastructure improvements necessary to adequately service the PUD.
C.
Additional Requirements for Special Use Permit. In addition to the application requirements of subsection A, a request for special use approval shall be accompanied by a plan, drawn to scale, showing:
1)
The proposed location of the various different uses of the property,
2)
Boundary lines,
3)
Dimensions of property,
4)
Names of the owners of abutting properties,
5)
Names of the owners or all persons having a legal or equitable interest in the business proposing the use,
6)
Location of proposed roads,
7)
Parking facilities and other structures,
8)
A topographical map and grading plan, and
9)
The type and location of drainage, sewage, water and other utilities at the premises.
D.
Disclosure of Financial Interest and Campaign Contributions.
1)
A local government official, including members of the Planning Commission and members of the Board of Commissioners, who has a property interest in any real property affected by a zoning change or has a financial interest in any business entity which has a property interest, or has a member of his family having such an interest, shall immediately disclose the nature and extent of such interest, in writing, to the Board of Commissioners as set out in O.C.G.A. Subsection 36-67A-2.
2)
When any applicant for a zoning change has, within two years immediately preceding the filing of that applicant's application for the rezoning action, made campaign contributions or made gifts aggregating $250.00 or more to a local government official involved in the rezoning action, it shall be the duty of the applicant and the attorney representing the applicant to file a disclosure report with the Board of Commissioners as set out in O.C.G.A. Subsection 36-67A-3.
9.02.02 Notification, Zoning Change [1]
A.
Public Notification.
1)
Zoning Change Initiated by Catoosa County.
Prior to taking action resulting in a zoning decision, the Board of Commissioners shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the Board of Commissioners shall cause to be published within a newspaper of general circulation within the territorial boundaries of Catoosa County a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.
2)
Zoning Change Initiated by Property Owner. If a zoning change request is initiated by a party other than Catoosa County then:
a.
The notice, in addition to the requirements of subsection 1) of this Section, 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 stating the date, time and place for the Planning Commission public hearing and the initially scheduled Board of Commissioners public hearing, the present zoning classification and the nature of the proposed zoning change (requested zoning classification or special use) shall be placed by the Zoning Administrator:
i.
In a conspicuous location on the property facing a public street or road immediately adjacent to a public road or right-of-way.
ii.
At a point where the sign is likely to be most visible to vehicular traffic.
iii.
At a height of no less than 4 feet above ground level.
iv.
Not less than 15 days prior to the date of the Planning Commission hearing.
B.
Notification; Recommendation. Upon receiving a complete application for a zoning change to Zoning Administrator, the application shall be forwarded by the Zoning Administrator to the Planning Commission, who will make a recommendation to the governing authority of Catoosa County for action on the proposal.
1)
It shall be the responsibility of the Zoning Administrator to set the agenda for the meetings of the Planning Commission. All submitted applications shall be reviewed by the Zoning Administrator for compliance with this Development Code and only those submissions that are complete in all respects will be accepted for placement onto the Planning Commission agenda, in the order in which they were received.
2)
The agenda shall list all applications with a description of each and provide the order in which they will be considered by the Planning Commission. A copy should be available for all attendees.
9.02.03 Planning Commission Recommendation, Zoning Change
A.
The Planning Commission shall hold a public hearing on each application for rezoning or special use in accordance with the procedures set forth in this Article.
B.
A staff report on each application shall be submitted to and considered by the Planning Commission at the public hearing.
C.
The Planning Commission shall review all zoning change requests on its agenda, considering the standards set forth in this Article, and make a recommendation for approval, approval with conditions, or denial, unless the agenda item is tabled for any other valid reason.
D.
The Planning Commission shall forward a written recommendation for each zoning change request to the Board of Commissioners.
E.
The recommendation of the Planning Commission shall be considered by the Board of Commissioners at its regular meeting at 6:00 p.m. on the third Tuesday of each month immediately following the date of action by the Planning Commission.
9.02.04 Board of Commissioners Action, Zoning Change
A.
The Board of Commissioners may grant a continuance to any party or may continue any hearing scheduled on its own motion.
B.
If a hearing is continued the date, time and place of such continued hearing shall be announced at the public hearing. Such announcement, recorded in the meeting minutes, shall constitute public notice of the hearing on the application and no further notice is required.
C.
So that the purpose of this UDC will be served and the health, safety, or general welfare is secured, the Board of Commissioners may approve, disapprove, modify and/or remand (with or without directions) the recommendation of the Planning Commission. Actions by the Board of Commissioners may also include changing the zoning classification requested, allowing an application to be withdrawn in accordance with Section 9.02.05 of this Article, and adding or deleting conditions of approval.
D.
The decision by the Board of Commissioners on an application for a zoning change shall be based on, but not limited to, a consideration of the standards set forth in Section 9.02.07 of this Article.
E.
The decision of the Board of Commissioners shall be in writing and shall be filed in the minute book of the County. If the decision of the Board of Commissioners is to allow an amendment to the official zoning maps, such amendments shall be incorporated into the official zoning maps by the Planning Commission.
9.02.05 Withdrawn Application, Zoning Change
A.
An application may be withdrawn without prejudice at any time in writing prior to the first appearance of the legal advertisement required by Section 9.02.02A of this Article.
B.
An application may be withdrawn prior to a recommendation 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 6 months from the date of withdrawal.
C.
Unless withdrawn at the hearing, the withdrawal must be in writing, signed and dated by the applicant.
If the zoning change is denied, then the same property may not again be considered for rezoning until the expiration of at least 12 months immediately following the denial of the application.
9.02.07 Standards for Considering Zoning Changes
A.
Standards for Considering Rezoning Applications.
In considering any application for a rezoning, the Board of Commissioners shall balance the interest in promoting the public health, safety, morality or general welfare against the right to the unrestricted use of property. In doing so the Board of Commissioners will consider the following objective factors that are relevant to the application. Emphasis may be placed on those criteria most applicable to the specific use proposed:
1)
Will the zoning proposal permit a use that is suitable in view of the use, development and zoning of adjacent or nearby property?
2)
Will the zoning proposal adversely affect the existing use or usability of adjacent or nearby property?
3)
Does the subject property have a reasonable economic use as currently zoned?
4)
Will the zoning proposal result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, police protection, public health facilities or emergency medical service?
5)
Is the zoning proposal in conformity with the policy and intent of the Comprehensive Plan for the physical development of the area?
6)
What is the effect on the property value of the subject property should the existing zoning be retained?
7)
If denied, will the effect on the subject property's value under the existing zoning be offset by the gain to the health, safety, morals or general welfare of the public?
8)
If denied, how does the relative gain to the public compare to the hardship imposed upon the individual property owner?
9)
Has the property been undeveloped an unusual length of time as currently zoned, considered in the context of land development in the area in the vicinity of the property?
10)
Are these other existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the zoning proposal?
11)
Would the change create an isolated district unrelated to the surrounding districts, such as spot zoning?
12)
Are the present zoning district boundaries illogically drawn in relation to existing conditions in the area?
13)
Is the change requested out of scale with the needs of the county as a whole or the immediate neighborhood?
14)
Is it impossible to find adequate sites for the proposed use in districts permitting such use and already appropriately zoned?
15)
Would there be an ecological or pollution impact resulting from major modifications to the land if the request is granted?
16)
Is there reasonable evidence based upon existing and anticipated land use that would indicate a mistake was made in the original zoning of the property?
B.
Standards for Considering Special Use Applications.
In considering any application for a special use permit, the Board of Commissioners shall balance the particular requirements or need for the proposed use against any depreciating effects of such use on other properties or persons. The Board of Commissioners shall consider the following objective factors. Emphasis may be placed on those criteria most applicable to the specific use proposed:
1)
Is adequate space for off-street parking provided?
2)
Is the use consistent with the goals, policies, objectives, and intent of the Comprehensive Plan?
3)
Is the proposed use consistent with the purpose and intent of the zoning district?
4)
Are public facilities such as schools, water or sewer utilities, and police or fire protection adequate to serve the proposed use?
5)
Is access into and out of the property adequate to provide for traffic and pedestrian safety, the anticipated type and volume of traffic flow, and access by emergency vehicles?
6)
Is the type of street providing access to the use adequate to serve the proposed use?
7)
Is the lot size sufficient in relation to the proposed use?
8)
Are refuse, service, parking and loading areas on the property located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?
9)
Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?
10)
Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?
9.02.08 Public Hearing Procedures, Zoning Change
A public hearing shall be held by the Planning Commission and the Board of Commissioners on each proposed zoning change, as follows:
A.
The chair or an appointed designee acting as presiding official shall allow the Zoning Administrator as the first speaker to present the staff review and recommendation concerning the applicant's case.
B.
Following this presentation, the applicant or the applicant's authorized designee shall be allowed to present the applicant's case and then shall also afford the applicant an opportunity, prior to a vote, to answer questions and respond to objections of others in attendance.
C.
Others desiring to speak or make a statement shall be given reasonable opportunity to do so.
D.
Both proponents and opponents of the matter under consideration shall be given comparable time and opportunity by the presiding official to speak. This time period shall not be less than 10 minutes per side in accordance with State Law.
E.
Persons speaking at such a hearing shall rise, state their name and address to the Planning Commission or the Board of Commissioners who may be holding the hearing.
F.
Questions shall be directed to the presiding official who shall designate a person for the response.
9.02.09 Amendments to the Development Code
A.
Generally.
1)
This Development Code may be amended from time to time in whole or in part by the Board of Commissioners.
2)
Any amendment to or insertion of a new Article, Section, Subsection or Paragraph that is not subject to the Georgia Zoning Procedures Law (O.C.G.A. 36-66-1 et seq.) shall be considered and acted upon by the Board of Commissioners following applicable requirements and procedures for the adoption of acts, resolutions or ordinances, as applicable under the County's Charter.
3)
Any amendment to or insertion of a new Article, Section, Subsection or Paragraph that is subject to the Georgia Zoning Procedures Law shall be considered and acted upon by the Board of Commissioners under the provisions of this Section.
B.
Initiation of Text Amendments.
The Board of Commissioners may propose a change to the text of this Development Code when public necessity, general welfare or good zoning practice justifies such action.
C.
Text Amendment Process.
No amendment shall become effective unless it shall have been submitted to the Planning Commission for review and recommendations.
D.
Public Notice.
1)
Before enacting an amendment to this UDC, the County shall hold a public hearing thereon.
2)
At least 15 days but not more 45 days prior to the public hearing, notice is to be published in a newspaper of general circulation within Catoosa County. The notice is to state the time, place and purpose of the hearing.
E.
Public Hearings; Procedures.
The public hearing held by the Planning Commission and the Board of Commissioners for a text amendment shall be conducted in the following manner:
1)
The public hearing is to be convened at the scheduled time and place by the chair or an appointed designee, who will act as the presiding official.
2)
The presiding official will call for each proposed text amendment to be presented.
3)
No person in attendance is to speak unless first formally recognized by the presiding official. Upon rising to speak each person recognized is to state their name and home address.
a.
The presiding official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change.
b.
No less than 10 minutes shall be provided for all of those speaking in support of a text amendment and no less than 10 minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.
c.
If reasonable time limitations permit, any member of the general public may speak at a hearing.
d.
During the public hearing, the Planning Commission and the Board of Commissioners members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.
F.
Decision on a Text Amendment.
1)
The Planning Commission shall make a recommendation for approval, denial or such other action it deems appropriate. The report of the Planning Commission shall be forwarded in writing to the Board of Commissioners for final approval or denial.
2)
The recommendation of the Planning Commission shall be considered by the Board of Commissioners at its regular meeting at 6:00 p.m. on the third Tuesday of each month immediately following the date of action by the Planning Commission.
3)
The Zoning Administrator shall maintain a written record (or a tape recording) and date of such amendments as approved or denied by the County Commission.
G.
Standards for a Text Amendment.
The Planning Commission and the Board of Commissioners shall consider the following standards in reviewing any proposal that would result in a change to the text of this UDC, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:
1)
Is the proposed text amendment compatible with the purpose and intent of the Comprehensive Plan?
2)
Is the proposed text amendment consistent with the purpose and intent of this Development Code?
3)
Will adoption of the amendment further the protection of the public health, safety or general welfare?
9.02.10 Certificate of Zoning Compliance
If a request is made (pursuant to a legitimate business purpose and need) to the Zoning Administrator concerning whether a proposed use is in compliance with the zoning for the property in question, the Zoning Administrator may issue a certificate that such property is in conformity or nonconformity with existing zoning laws. However, if such certificate or letter is issued, it cannot make an assurance that the proposed use will be allowed for any particular time in the future (beyond the time required for a hearing on an amendment) without expressing that this assurance remains valid until the next regularly scheduled or specially called zoning meeting. Upon receipt of such request, the Zoning Administrator may make such investigation or initiate and publicize a hearing in accordance with Section 9.02.02A(1) to determine whether conformity exists.
Editor's note— Res. Of 4-7-2015, adopted April 7, 2015, set out provisions intended for use as subsection 9.02.01. Inasmuch as there were two sections so designated within the ordinance, this and the subsequent subsections of 9.02.00 have been codified herein as subsections 9.02.02 through 9.02.10 at the discretion of the editor so as to maintain sequential order.
9.03.00 - PROJECT APPROVAL
9.03.01 Subdivisions, Generally
A.
All subdivisions shall have a preliminary plat and no development work shall begin until the Planning Commission has approved and signed the preliminary drawing, with the exception of minor subdivisions as defined herein.
B.
Pre-Application Review. Whenever the subdivision of a tract of land is proposed, the subdivider shall consult with the Zoning Administrator. 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.
9.03.02 Exemptions (Minor Subdivisions)
A.
Minor subdivisions are exempt from the preliminary plat and final plat approval processes as described beginning with Section 9.03.03 and are subject to the approval requirements identified in the provisions of this Section 9.03.02.C.
B.
A "minor subdivision" by its very nature is one in which no public improvements (such as new streets, stormwater drainage facilities or public utilities) are to be made. Minor subdivisions are defined as any one of the following:
1)
The combination or recombination of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of this Development Code.
2)
The division of land into 10 fewer lots, tracts or parcels with each resultant lot, tract or parcel:
a.
Fronting an existing county road, provided however that up to four lots each having a minimum of five acres may front on a private substandard street as set forth in Article VI of this UDC.
b.
Conforming to this Development Code.
C.
Restriction on Resubdividing. Land subdivided under the provisions of this Section 9.03.02.B(2) may not be resubdivided under the provisions of this Section 9.03.02.B(2). Any further subdivision of a lot or tract created by approval of a minor subdivision plat under this Section 9.03.02.B(2) must be accomplished following the preliminary plat and final plat approval processes as described beginning with Section 9.03.03 of this UDC.
D.
Approval of a minor subdivision shall be conducted as follows:
1)
The subdivider shall submit a final plat to the Planning and Zoning Office that is clearly and legibly drawn in permanent ink on easily reproducible tracing material. Sheet sizes shall be no larger than 17 inches by 21 inches. The final plat shall also meet the following specifications, as applicable:
a.
Certification by the landowner shall be shown directly on the final plat setting forth the description of the public rights-of-way and other lands or facilities to be dedicated to Catoosa County.
b.
Certification by the Catoosa County Health Department or the applicable city Water and Sewer Department shall be shown directly on the plat or by separate letter that the water and sewerage systems meet the applicable regulations.
c.
Certification by the Zoning Administrator that all improvements have been installed shall be shown directly on the plat.
d.
Certification by the Catoosa County Soil and Water Conservation District and the Director of Stormwater Management that an approved soil erosion, sedimentation and pollution control plan has been secured.
2)
Approval of the final plat by the Zoning Administrator, the Planning Commission Chair and one member of the Planning Commission shall authorize recordation of the plat with the Clerk of the Superior Court.
3)
Deeds and easement agreements, as applicable, for all public rights-of-way and other lands or facilities to be dedicated to Catoosa County are forwarded to the Board of Commissioners for acceptance.
4)
After recordation of the Final Plat, the lots may be sold, and building permits and driveway permits on the lots may be obtained.
9.03.03 Application for Preliminary Plat Approval
A.
Prior to commencing work of any type, the subdivider of any subdivision that is not a minor subdivision as defined herein shall submit the following documents no later than the close of business on the fourth Thursday of the month. Documents are to be submitted to the Planning and Zoning Office.
1)
An application (and fee as may be established by the Board of Commissioners from time to time) requesting review of a preliminary plat at the regular monthly meeting of the Planning Commission, and an acknowledgement that a representative will be at the meeting to discuss the project.
2)
Ten copies of the preliminary plat prepared in accordance with Section 9.03.05 of this UDC and all other documents required elsewhere in this Article.
3)
If all documents are presented in the proper form an agenda number will be assigned and the matter considered at the next meeting. Should the documents be incomplete, the matter cannot be placed on that month's agenda and also cannot be rescheduled until the defect is corrected.
B.
Notification of Development to Utility Providers
1)
Developer to Deliver Plats to Affected Utilities. Prior to review of a preliminary plat by the Planning Commission, each utility provider to be involved in the subdivision development must receive a copy of the proposed plat. The developer shall provide proof of delivery to the Planning Commission. Proof may be shown by certified mail receipt, or by an authorized signature of the utility.
2)
Time for Delivery. The developer shall deliver the preliminary plat to the affected utilities prior to making an application for preliminary plat approval.
3)
Duty of Utility. The utility must act upon the plat after receipt. Each utility shall sign or stamp the plat or shall provide approval in writing. Failure to act after delivery prior the meeting of the Planning Commission at which the plat is considered shall be equivalent to approval of the plat by the utility. The utility must state the reasons for disapproval in writing, delivered to the Planning Commission, or may send a representative to the meeting at which the plat is considered.
9.03.04 Review of Preliminary Plat
The Zoning Administrator shall check the plat for conformance to this UDC, and the Planning Commission shall afford a hearing on the preliminary plat at the appropriate meeting.
A.
After meeting health department regulations the Planning Commission shall give tentative approval or disapproval to the preliminary plat. A notation of the action shall be made on two copies of the preliminary plat, including a statement of the reasons for disapproval if the preliminary plat is disapproved. One copy shall be returned by the Planning Commission.
B.
Approval of the preliminary plat does not constitute approval of a final plat. It indicates only approval of the layout as a guide to the preparation of the final plat. Preliminary plat approval shall expire and be null and void after a period of 12 months unless construction is begun or unless an extension of time is granted in writing by the Planning Commission. After recordation of the final plat, lots may be sold, and building permits may be obtained.
C.
In the case of a large development to be done in phases, the approval for any portion of the area that is not completed within the 12 months noted in Subsection B. above expires and must be resubmitted and new approval granted prior to any work being performed.
D.
If some action on a preliminary plat is not taken by the Planning Commission within 45 days of the date of complete submittal, the preliminary plat shall be considered approved and a certificate of preliminary approval shall be issued on demand. However, the applicant for approval may waive this requirement and consent to an extension of time. This 45-day rule shall not apply if a regular meeting is held during this time and a representative of the developer is not present to discuss his plan.
9.03.05 Preliminary Plat Specifications
A.
Scale. The preliminary plat shall be clearly and legibly drawn at a scale not smaller than 100 feet to one inch.
B.
Sheet Size. Sheet size shall be no greater than 17 inches × 36 inches. 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.
C.
Ground Elevations. The preliminary plat shall show ground elevations, based on the datum plane of the U.S. coast and geodetic survey with contour lines at intervals of not more than five feet. Surveyor shall state on the preliminary plat that he has field verified topographical survey.
D.
Information to be Provided on Preliminary Plat. The preliminary plat shall contain the following information:
1)
Name and address of owner of record and of subdivider.
2)
Proposed name of subdivision and its acreage.
3)
Statement acknowledging the acceptability of soil for septic tank use determined by Catoosa County Health Department in accordance with current standards based on type of soil and slope.
4)
North point and graphic scale and date.
5)
Vicinity map showing location and acreage of the subdivision.
6)
Exact boundary lines of the tract with bearings and distances. Parallel lines and rectangular lot need not depict identical distances or bearings.
7)
Names of owners of record of adjoining land.
8)
Existing streets, utilities and easements on and adjacent to the tract.
9)
Proposed layout, to be reviewed by a registered engineer or a registered land surveyor, including streets and alleys, proposed street names, lot lines with approximate dimensions, and easements.
10)
Block number and lot numbers. If the preliminary plat is an additional phase of an existing subdivision the lot numbers must be consecutive to the lot numbers in the original subdivision.
11)
Exact locations and sizes of water supply, public sewers and utility lines shall be furnished by the appropriate utility.
12)
A soil erosion and sedimentation plan is to be submitted and reviewed in accordance with the requirements of Section 3.02.00 Soil Erosion, Sediment and Pollution Control of this UDC.
13)
Required setbacks of the zoning district and the front setback line for each lot.
14)
Present zoning of the tract and the zoning of abutting land.
15)
Proposed street cross sections and centerline profiles; including proposed finished elevations.
16)
The acreage of each drainage area affecting or affected by the proposed subdivision. The size and type of the drainage structure is to be determined by the project engineer.
17)
Location of existing streams, lakes, swamps, sinkholes, and land subject to flood as determined from past history of flooding or hydraulic engineering calculations of existing conditions.
18)
Plat shall state whether or not any part of the proposed development lies within the 100-year flood plain as defined by the Federal Emergency Management Agency.
19)
Certification by a registered land surveyor attesting that the preliminary plat has been prepared in conformity with the minimum standards of this UDC.
20)
Certification, directly on the preliminary tracing, of approvals by all agencies and utilities required by this Section.
21)
Indicate the most recent traffic count, as recorded by the Georgia DOT, on any existing road or street affected by this subdivision.
E.
Certificate of Preliminary Approval.
A certificate of approval, by the Planning Commission, for the preliminary plat, shall be inscribed on the plat in substantially the following form:
Pursuant to the Unified Development Code of Catoosa County, Georgia, all the requirements of preliminary approval having been fulfilled, this preliminary plat was given preliminary approval by the Catoosa County Planning Commission on ____________/____________/____________, 20___. This preliminary approval does not constitute approval of a final plat. This certificate of preliminary approval shall expire and be null and void 12 months from the date written above.
______________________ ________
Chairman, Catoosa County Planning Commission Date
A.
Application for Final Plat Approval.
After the completion of the installation of all infrastructure required by this UDC or shown on the approved preliminary plat, the subdivider shall submit the following documents to the Planning and Zoning Office:
1)
An application requesting review of a final plat.
2)
Ten copies of the final plat prepared in accordance with Section 9.03.06.D of this UDC and all other documents required elsewhere in this UDC.
3)
In addition to paper submissions as required by this UDC, all as-built and final plats for subdivisions containing 10 or more lots shall be submitted in an electronic format which is compatible with the county's GIS format. All such plans shall be CAD files submitted in AUTOCAD, Microstation, or ESRI ARC MAP format.
B.
Surety for Completion of Improvements.
To assure the maintenance of roads, curbs, etc., during and until the end of the 24-month waiting period prior to final acceptance as a county road, the developer shall provide a form of financial surety to guarantee funds are available for maintenance.
1)
Surety Bond. The Planning Commission shall not grant final plat approval until said written surety is presented to the Planning Commission. This surety shall take the form of a surety bond issued by a surety qualified under the laws of Georgia.
2)
Requirements. To assure the repair or replacement of required improvements, the subdivider shall deliver to the Planning Commission, a surety bond in such aggregate amount as is estimated by the Planning Commission to be the total cost of the construction and installation of all public improvements which are the responsibility of the subdivider.
3)
Conditions. Bonds posted shall be payable to Catoosa County and provide that the subdivider, his heirs or successors and assigns, and their agents and servants, will comply with all applicable terms, conditions, provisions and requirements of this UDC; will faithfully perform and complete the work of constructing and installing said facilities or improvements in accordance with this UDC; and that the subdivider shall be responsible to Catoosa County for any unnecessary expense incurred through the failure of the subdivider, his heirs, successors and assigns, or their agents or servants, to complete the work of said construction in an acceptable manner, and from any damages growing out of negligence in performing or failing to perform said construction and installation.
4)
Duration and Release. Bonds and/or other surety posted pursuant to this UDC shall be released or returned as the case may be, at such time as the facilities guaranteed thereby have been accepted by Catoosa County. Acceptances shall be in writing accurately identifying the improvements covered. Facilities shall not be accepted unless they conform to the applicable county specifications and requirements. Acceptance of facilities will be considered only upon separate written request by the developer, subdivider, or any person or persons who own all fee simple interest in the subject facility.
5)
Default. If the repair or replacement of any improvements or facilities for which a bond is posted is not completed within one month after substantial completion of any building or structures which said improvements or facilities are designed to serve, or within one year after the date of recording of the final plat, whichever is sooner, or if said construction or installation is not in accordance with applicable standards, the county may proceed to construct, install or modify said improvements or facilities in accordance with the applicable specifications and requirements using the proceeds from such surety deposits to pay for such work. Such work may be done under contract or by county personnel. To the extent that any portion of a cash deposit is not required or used, said excess cash shall be repaid to the person making the deposit.
6)
Certification of Receipt of Surety for Required Improvements.
a.
The Planning Commission shall issue a receipt for surety as filed.
b.
The Planning Commission shall not cause its final approval stamp to be affixed to the plat until said receipt is issued and the receipt number inscribed on the plat.
C.
Review of Final Plat.
1)
The Zoning Administrator shall check the final plat for conformance with the approved preliminary plat and shall check for compliance with all requirements of applicable rules and regulations.
a.
The Zoning Administrator shall be authorized to approve or disapprove the final plat with the concurrence of the chairman and one member of the Planning Commission, provided no changes have been made from the approved preliminary plat, and provided further the Catoosa County Public Works Department has affixed a stamp of certification to the plat showing any roads or streets thereon have been inspected and are found to be in compliance with the requirements of Catoosa County for county roads.
b.
If approved, a notation of the action shall be made on seven prints of the final plat supplied by the applicant, two copies of which are to be recorded in the Office of the Clerk of the Superior Court as provided for elsewhere in this UDC, and two of which are to be provided to the Planning and Zoning Office. A fifth copy is to be retained in the files of the Catoosa County Health Department or the applicable city Water and Sewer Department.
c.
If disapproved, a written statement of the therefor shall be provided to the applicant.
2)
If action is not taken by the Planning Commission within 45 days of the date of a complete submittal, the final plat shall be considered approved and a certificate of approval shall be issued on demand. However, the applicant for approval may waive this requirement and consent to an extension of time.
D.
Final Plat Specifications.
The final plat shall conform to and meet the specifications of the preliminary plat, with the following additions:
1)
The final plat shall be clearly and legibly drawn in permanent ink on easily reproducible tracing material.
2)
Sheet sizes shall be no larger than 17 inches × 21 inches, and where more than one sheet is required an index map shall be required on the same size sheet.
3)
The final plat shall show:
a.
Bearings and distances to the nearest existing street lines or benchmarks or other permanent monuments shall be accurately described on the plat.
b.
Municipal, county and land lot lines accurately tied to the lines of the subdivision by distances and angles when such lines traverse or are reasonably close to the subdivision.
c.
Exact boundary lines of the tract, determined by a field survey.
d.
Name of subdivision, exact location, widths, and names of all streets and alleys within and immediately adjoining the plat.
e.
Street centerlines showing angles of deflection, angles of intersection, radii and lengths of tangents.
f.
Lot lines with dimensions to the nearest one-tenth foot and bearing to the nearest minute.
g.
Lots numbers in numerical order and any blocks lettered alphabetically. If done in phases no duplication of lot numbers.
h.
Location, dimensions and purposes of any easements and any areas to be reserved or dedicated for public use.
i.
Accurate location, material and description of monuments and markers.
j.
Certification by a registered land surveyor directly on the plat attesting to the accuracy of the survey, plat and placement of monuments.
k.
Certification by the landowner, directly on the final plat, setting forth the description of the areas and improvements he dedicates to the public, including streets, alleys, walkways and other open spaces.
l.
Certification by the Catoosa County Health Department or the applicable city Water and Sewer Department directly on the plat or by separate letter that the water and sewerage systems meet the requirements of health department regulations.
m.
Certification by the Zoning Administrator of Catoosa County that all improvements have been installed.
n.
Certification of approval, directly on the plat, by the Planning Commission chair and one member that all requirements of this UDC have been met and the plat is approved for recording in the Office of the Clerk of the Superior Court of Catoosa County.
o.
Certification by the Catoosa County Soil and Water Conservation District and the Director of Stormwater Management that an approved soil erosion, sedimentation and pollution control plan has been secured.
p.
Vicinity map showing location and acreage of the subdivision.
q.
A certification by the road inspector of the Catoosa County Public Works Department that all roads and rights-of-way within the subdivision to be henceforth maintained by Catoosa County have been constructed according to the specifications of this ordinance or to a greater standard. Such certification will be evidenced by the official stamp of the road inspector on the plat.
E.
Changes from the Approved Preliminary Plat.
1)
If it should become necessary (due to unusual or unexpected physical or topographical reasons) to vary from the details of the approved preliminary plat, the Planning Commission shall not be obligated in any way to approve the changes just because the developer has already completed the improvements.
2)
It is strongly suggested that the developer contact the Planning Commission for review before varying (more than slightly) from the requirements of the approved preliminary plat.
F.
Recording of Final Plat.
1)
Upon approval of a final plat, it shall be recorded in the Office of the Clerk of Superior Court of Catoosa County. Proof of the recording is to be returned to the Planning and Zoning Office to be kept on file.
2)
Minimum Quantity of Lots to be Recorded
a.
When the Planning Commission grants final approval for any subdivision of land resulting in the creation of 20 or less new lots, a final plat of all of the resultant lots will be recorded (at the direction of the Planning Commission) in the Office of the Clerk of the Superior Court of Catoosa County within three business days of the satisfactory completion of the drawings.
b.
Subdivisions of land resulting in more than 20 new lots may, at the written request of the developer, be recorded in the following manner:
i.
A complete master final plat covering the entire development must be submitted to and receive approval of the Planning Commission.
ii.
Upon full approval of the Planning Commission, this plat will be endorsed accordingly and retained in the files of the Planning and Zoning Office and a copy delivered to the Board of Tax Administrators.
iii.
Any portion of this plat that meets or exceeds the greater of 20 lots or 20 percent of the total number of lots as shown on the approved master plat, may be submitted as a separate drawing for certification of approval and recording.
iv.
The Chairman of the Planning Commission and one additional member of the Planning Commission (without further commission action) shall be authorized to certify these separate plats for recording so long as they conform exactly with the approved master final plat on file.
9.04.00 - PERMITS
9.04.01 Building/Development Permit Required
A.
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 or to commence the development of more than one acre of land (or the development of any size tract of land involving the creation of, or engaging in the operation of a mine, landfill, junkyard or recycling plant), for a use not requiring a building, until a building/development permit for such work has been issued by the zoning administrator.
B.
Completion of an application for such permit shall constitute permission for all county zoning entities to inspect or view the property at all reasonable times and to make such nondestructive testing (including, but not limited to, soil borings) as may be reasonable to determine factors relevant to the criteria set forth in this ordinance.
9.04.02 Application for Building/Development Permit
A.
All applications to the Zoning Administrator for building/development permits shall be accompanied by a site plan to scale (in the event that the Zoning Administrator cannot with reasonable certainty ascertain that the setback distance requirements are met, then the site plan shall be accompanied by a survey from a professional surveyor, or other similar licensed professional) in duplicate, showing:
1)
The actual dimensions of the lot to be built upon;
2)
The size of the building to be erected;
3)
The location of the building on the lot;
4)
The location of existing structures on the lot, if any;
5)
The number of dwelling units the building is designed to accommodate;
6)
The setback lines of buildings on adjoining lots (an approximation may be made if access to such property is prohibited);
7)
The layout of off-street parking and loading spaces;
8)
Such other information as may be essential for determining whether the provisions of this ordinance are being observed; and
9)
The name and address of the landowner and the name, address and telephone number of the applicant.
10)
With respect to all buildings or structures to which Section 4.07.00 of this UDC applies, there shall also be submitted a plan depicting in detail the type, nature, location and amount of exterior lighting to be utilized in connection with said building or structure.
B.
Additional Requirements for Planned Unit Development (PUD).
Building/development permits may be issued upon approval of final development plans by the Planning Commission. Final development plans shall include the following:
1)
All those requirements designated for submission with the preliminary development plans in accordance with Section 9.02.01B;
2)
Detailed landscaping plans, including and designating types of buffer or landscape screens placed between abrupt changes of land uses;
3)
Detailed engineering plans or final subdivision plat showing site grading, street improvements, drainage and public utility locations;
4)
Other conditions as applicable to the PUD; and
5)
Covenants, and other agreements concerning construction, operation, and administration of the area such as green areas, housing corporations, etc.
C.
Other Requirements.
1)
Site Landscaping Plans.
a.
Site landscaping plans are required upon application for a development permit or for a building permit for new construction of buildings in any development to which landscaping, screening or buffer requirements apply (see Section 4.08.00 of this UDC).
b.
The location and detail (including size, spacing and species of plantings) of all zoning buffers and screening shall be depicted on the required site landscaping plan.
c.
The site landscaping plan shall be to scale and shall be stamped by a landscape architect that is registered in the state of Georgia.
2)
Street Address. In accordance with Chapter 58. Roads, Article III. Road Naming of the Catoosa County Code of Ordinances, all residential and business buildings shall be assigned a number prior to the issuance of a building permit.
9.04.03 Construction Progress; Term (Duration) of Permit
A.
Any building/development permit and a special use permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of the date of issue, or if the work authorized by the permit is suspended or abandoned for a period of one year.
B.
For Planned Unit Developments (PUDs), construction shall be initiated within one year from the date of final approval of the PUD; an extension to the applicant may be granted provided that:
1)
A formal written request for the extension is presented to Catoosa County at least 90 days prior to the deadline; and
2)
The written request explains the reasons that construction was not initiated within the time allotted.
9.04.04 Permit for Development Affecting Abandoned Cemeteries and Burial Grounds
A.
The permit shall contain the standards set forth in O.C.G.A. § 36-72-1 et seq., and those standards and the procedures therein shall be satisfied by the applicant.
B.
The permit fee shall be $2,500.00.
C.
The Planning Commission and the Zoning Administrator are the delegated authority to implement the permit herein, and to administer all proceedings and its enforcement.
D.
The Board of Commissioners retains the power reserved to it under O.C.G.A. § 36-72-7 to make a final decision on the application.
9.05.00 - NUISANCE ABATEMENT
9.05.01 Illustrative Examples of Nuisances
A.
Illustrative Examples of Nuisances.
The following conditions, whether on occupied or unoccupied lands, public or private property are hereby declared to be and constitute a public nuisance and shall be abated; although this Section shall not be construed to be limiting with regard to its enumeration of public nuisances:
1)
Weeds or grass allowed to grow to a height of greater than 12 inches on the average, or any accumulation of dead weeds, grass, or brush, that may provide safe harborage for rats, mice, snakes and/or other vermin.
2)
Vegetation that obstructs the safe passage or line of sight of motorists or pedestrians at an intersection or driveway connection with a public or private street or alley or along any street or sidewalk.
3)
Accumulation of trash, rubbish, refuse, junk, construction debris and other abandoned materials, metals, lumber, or other such items.
4)
The keeping or maintenance of one or more abandoned vehicles in public view or in a manner inconsistent with this Section.
5)
All noises which may annoy or inhibit others in the reasonable enjoyment or use of their property, or any noise that is unreasonably loud, disturbing or unnecessary. Any bass sound that causes vibrations or rattles adjoining properties or homes.
6)
The following conditions with respect to noise are hereby declared to be and constitute a public nuisance and shall be abated:
a.
The sounding of any bell, horn, whistle, mechanical device operated by compressed air, or signal device while not in motion, except as a danger signal, for any unnecessary and unreasonable period of time;
b.
The use of any siren, other than police, fire or emergency vehicle;
c.
The use or operation of any musical instrument, radio, loudspeaker, or sound amplifying device so loudly as to disturb persons in the vicinity thereof;
d.
The use of any vehicle that is in a state of disrepair so as to create loud or unreasonable grinding, rattling, backfiring or other noise.
7)
All disagreeable or obnoxious odors or stenches as well as conditions, substances or other causes which give rise to the admission or generation of such odors or stenches, including smoke and fires, with the exception that noxious or offensive odors which are caused by an animal and which spread to property other than that of the owner shall be abated in accordance with Article 14 Animals of the Official Code of Catoosa County, Georgia.
8)
The pollution of any public well, stream, lake, canal or body of water by sewage, dead animals, industrial waste, agricultural waste, industrial waste, or other substances.
9)
Any building structure or other place or location where any activity is conducted, performed or maintained in violation of local, state or federal law.
10)
Any accumulation of stagnant water.
11)
Any method of human excretion disposal, which does not conform to the provision of local ordinances, state or federal law.
12)
Keeping of nondomesticated animals in a residential zone.
13)
Visual clutter.
14)
Illegal filling of land.
15)
A nonconforming use in a district.
16)
Dilapidated structures.
17)
Discharge of stormwater or soil or sediments onto county roads or right-of-ways which constitute a potential danger to motorists.
B.
Prohibited.
It shall be unlawful for any person, firm, corporation or other entity to cause, permit, maintain, or allow the creation or maintenance of a nuisance, as defined in this UDC.
C.
Nuisance Abatement.
1)
Authorization.
a.
The Zoning Administrator shall have the power to bring actions for nuisance as they appear upon complaint by aggrieved citizens or otherwise, in his discretion.
b.
In all cases for an abatement of a nuisance the Zoning Administrator shall request the defendant to abate the nuisance before instituting an action.
2)
Affidavit of Complaint.
No investigation or action based upon nuisance shall be commenced unless at least three persons from different households sign an affidavit of complaint with the Zoning Administrator, subject to subsection (3), below.
3)
Discretion to Zoning Administrator.
a.
If the Zoning Administrator determines the allegations of the affidavit of complaint appear to be made for the purposes of harassment by neighbor against neighbor, or are otherwise not brought in good faith, he may refuse to act upon the complaint.
b.
The Zoning Administrator shall also be vested with discretion to bring an action for nuisance on his own motion or refuse to bring an action if in his opinion circumstances demand.
4)
Notice to Abate.
a.
Whenever any nuisance is found to exist within the jurisdiction of the county, the Zoning Administrator shall give written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance, to abate the nuisance.
b.
The notice to abate a nuisance issued under the provisions of this Article shall contain the following:
i.
An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances;
ii.
The location of the nuisance, if the nuisance is stationary;
iii.
A description of what constitutes the nuisance;
iv.
A statement of acts necessary to abate the nuisance; and
v.
A statement if the nuisance is not abated as directed, the county will file an action in the Magistrate Court of Catoosa County, Georgia, to abate the nuisance.
D.
Penalties for Violation.
1)
Following a hearing in the magistrate court and upon a finding by the magistrate court that a nuisance exists and upon the failure of the owner or occupant of the property or the person causing or maintaining the nuisance to fail to abate the nuisance, that person shall be guilty of a misdemeanor and upon conviction, shall be punished for each offense according to the law with the fine to be not less than $50.00 and not more than $1,000.00.
2)
Each day such violation continues shall be deemed a separate offense.
E.
Nothing in this Section shall affect the policy of conserving, protecting, and encouraging agricultural and food production operations as stated in O.C.G.A. § 41-1-7.
9.06.00 - APPEALS
9.06.01 Appeals, Hearings and Notice
A.
Any appeal from, or request for review of, the decision of a zoning entity must be filed within 30 days from the date of the decision of such entity. The date of the decision shall be the date the decision is written, signed by or on behalf of the zoning entity and recorded in its minutes.
B.
Appeals from a decision of the Zoning Administrator to the Planning Commission may be taken by any person aggrieved or by any officer, department, board or bureau of Catoosa County affected by any decision of the Zoning Administrator. Such appeal shall be taken by filing with the Planning Commission a written appeal specifying the grounds therefor. If a form is provided for such use, it may be used, but any relevant additional attachments may be made to such form.
C.
Review of a decision of the Planning Commission to the governing authority may be had by any person aggrieved, or by any officer, department, board, or bureau of Catoosa County affected by any decision of the Planning Commission or by the Zoning Administrator. Such review shall be taken by filing with the Planning Commission a written appeal specifying the grounds therefor. If a form is provided for such use, it may be used, but any relevant additional attachments may be made to such form. Within 10 days thereafter, the Planning Commission shall transmit to the governing authority all documents constituting the record of the hearing below.
D.
The review by the governing authority shall be by means of exhibits, or other evidence submitted at the Planning Commission hearing (if a written transcript is requested by any affected person or by the governing authority, then the requesting entity shall bear the cost of preparation and submittal to the governing authority) unless the governing authority specifically makes a finding that the record needs supplementation; in such event, the governing authority may provide for a hearing by it or the Planning Commission for the purpose of receiving such supplemental evidence (such limited hearing will be conducted in substantially the same format as the procedures set forth in this ordinance for Planning Commission zoning hearings). The decision of the governing authority may affirm, reverse, modify and/or remand (with or without directions) the decision below and shall state the written reasons therefor; and such decision shall be rendered within 45 days from the date of the hearing it may hold. It shall be necessary for the party seeking review from the decision of the Planning Commission to obtain a majority vote of the members present of the governing authority in order to overrule or reverse the decision of the Planning Commission; otherwise, the decision of the Planning Commission shall stand. Recourse from a decision of the governing authority shall be to a court of competent jurisdiction when so provided by state law. A copy of such appeal shall be filed with the Planning Commission and the governing authority within five days from any court filing. The date of the hearing on the review shall be at its regular meeting of each month following the date of action by the Planning Commission. The governing authority may continue the hearing at the request of any party or upon its own request.
An appeal stays all hearing proceedings (except for court orders) in furtherance of the action appealed from (or that review is sought from) unless the Zoning Administrator certifies after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may be granted by the Planning Commission, governing authority or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.
9.07.00 - JURISDICTION, ENFORCEMENT, VIOLATIONS AND PENALTIES
9.07.01 Primary Jurisdiction
A.
When violations of any portion of this UDC shall occur, the Zoning Administrator, Building Official or other designated enforcement officer shall issue a citation and prosecute said citation (with the advice and direction of the county attorney) in the magistrate court of Catoosa County.
A.
The Zoning Administrator shall have the power to enforce the provisions of this Article, and may write citations or commence proceedings for violations as they appear upon complaint by aggrieved persons or otherwise.
B.
In furtherance of his duties, the Zoning Administrator shall be relieved from any liability for trespass upon private property, provided he is in the scope of his duty.
A.
Any person violating any provision of this Article shall be guilty of a misdemeanor and upon conviction shall be punished for each offense according to law with the fine to be not less than $50.00 and not more than $1,000.00, or 60 days or both. Each day such violation continues shall be deemed a separate offense. In addition to any other penalties that may be imposed in this ordinance, a double permit fee will be charged for violators not obtaining a building/development permit originally (prior to construction or development).
B.
Penalties for violation. Where the court finds a defendant guilty of a violation of this Article or any other portion of the UDC the Zoning Administrator is charged to enforce, the court shall in all cases impose at least a $100.00 fine.
In case any building is in the process of being (or has been) erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of the this UDC, the Zoning Administrator, or any other appropriate county authority, or any person who has suffered or will suffer annoyance, noise, traffic hazard or other harm in addition to or beyond or increased over conditions already existing prior to the alleged violation, in addition to any other remedies provided by law, may seek injunctive, mandamus or other appropriate relief to prevent (temporarily and/or permanently) or remedy (including the removal or destruction of a nonconforming structure, fill or other development) the violation. This ordinance shall be construed such that courts will be encouraged to freely grant interlocutory injunctions (even upon ex parte evidence if it finds upon affirmed evidence that the limited duration of such order would impose potentially less of a hardship on the owner/developer than it would on another (others) if the construction or use continued) until administrative legal remedies can be exhausted by the county. A specific legal remedy is the process of issuing a certificate of zoning compliance as set forth in Section 9.02.00.