Except as otherwise provided, no structure or land shall, after the adoption of the ordinance from which this chapter is derived, be used, and no structure or part thereof shall be erected, altered or moved unless it is done in conformity with the requirements set forth in this chapter for the district in which it is located. In the interpretation and application of the provisions of this chapter, such provisions shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity and general welfare of the county.

(Code 1979, § 2-16-80)

All questions of interpretation and enforcement of this chapter shall first be presented to the director; any aggrieved party may appeal a decision of the director by first appealing to the planning commission and then to the board of commissioners.

(Code 1979, § 2-16-81)

(a)

Enforcing officer. The provisions of this chapter shall be administered and enforced by the director. The director and his designee shall have the right to enter upon any premises for the purpose of making inspections of buildings or premises necessary to carry out the duties of the director in the enforcement of this chapter. In addition, the director or his designee shall issue building permits, and make and maintain records thereof, issue certificates of occupancy, and make and maintain records thereof, and conduct inspections as set forth in this chapter, and other such inspections as deemed necessary to ensure compliance with this chapter.

(b)

Building permits required. It shall be unlawful to commence the excavation for, or the construction of, any building or structure, including accessory structures, or to commence the moving, alteration or repair of any structure, including accessory structures, until the county director has issued a building permit for such work which contains a statement that the plans, specifications and intended use of such structure conforms with the provisions of this chapter in all respects.

(c)

Application for building permit. Application for a building permit shall be made in writing to the director, on forms provided for such purpose. It shall be unlawful for the director to approve any plans, or issue a building permit for any excavation or construction until he or his designee has inspected such plans in detail, and found them to be in conformity with this chapter. The director may require that an application for a building permit for excavation, construction, moving or alteration be accompanied by a plan or plat drawn to scale, and showing the following, in sufficient detail, to enable the director to ascertain whether the proposed excavation, construction, moving or alteration is in conformance with this chapter:

(1)

The actual shape, location and dimensions of the lot to be built upon.

(2)

The shape, height, use and location on the lot of buildings or structures to be erected or altered.

(3)

The size, location and use of any existing building or structure on the lot.

(4)

If residential, the number of dwelling units the building is designed to accommodate.

(5)

The setback lines of buildings on adjoining lots.

(6)

The layout of off-street parking and unloading spaces.

(7)

The signature of the county health officer approving the proposed location of the septic tank and field lines, provided public sewerage is not available at such location.

(8)

Such other information concerning the lot or adjoining lots as may be essential in determining whether the provisions of this chapter are being observed.

If the proposed excavation, construction, moving or alteration, as set forth in the application for a building permit, is in conformity with the provisions of this chapter, the director shall issue a building permit for such excavation, construction, moving or alteration. If the application for a building permit is not approved, the director shall state in writing on the application the cause for such disapproval. Issuance of a building permit shall not be construed as waiving any provision of this chapter, and building permits shall be void after 12 months from date of issue of such building permit, unless substantial progress on the project has been made by that time.

(d)

Certificate of occupancy. No land or building, or other structure or part thereof, erected, moved or altered in its use shall be occupied or used until the building official for the county, the county engineer or the director has signed a certificate of occupancy. A certificate of occupancy shall be issued only upon compliance with the provisions of this chapter. If the certificate of occupancy is not granted upon request, the building official, the engineer or the director shall state in writing the reasons why the certificate of occupancy was not granted.

(Code 1979, § 2-16-82; Ord. No. 99-14, § 1, 11-16-1999)

(a)

Additional duties of the planning commission. In addition to the duties otherwise set forth in this chapter, the planning commission shall:

(1)

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the director or other administrative official in the carrying out or enforcement of any provision of this chapter.

(2)

Hear requests for interpretation of the zoning map, and for a decision on any special questions upon which the director is authorized to pass.

(3)

Hear and make recommendations to the board of commissioners for approval or disapproval of all variances within the terms of this chapter.

(4)

Grant temporary permits for mobile homes or travel trailers, as set forth in section 54-9.

(5)

Hear requests for minor waivers to building setbacks.

(6)

Hear requests for minor revisions to S-1 (Special), PUD (Planned Unit Development), PRD (Planned Residential Developments), or PDD (Planned Development District) zoning districts.

(b)

Appeals to the planning commission.

(1)

If such an appeal is taken by a party directly involved in the action or decision being appealed from (i.e. an applicant, property owner, etc.) it must be filed within 15 days after the date of occurrence of the action or decision being appealed from. If such an appeal is taken by a party not directly involved in the action or decision being appealed from (i.e. a person in opposition to the action or decision being appealed from, etc.) who might not have knowledge of the filing of an application or request for an action or decision being sought by an applicant or property owner, it must be filed within 15 days after the date of the posting of notice on a sign placed on the land in question or the publication of notice of a public hearing on the matter in a newspaper of general circulation in the county, whichever shall occur first.

(2)

The director shall transmit to the planning commission all papers constituting the record upon which the action appealed from was taken, and shall fix a reasonable time for the hearing of the appeal or other matters referred to the planning commission in accordance with section 90-180(5) of Columbia County Code. Any party or person may appear at the hearing in person, by agent or by attorney.

(3)

The scheduled hearing shall follow the procedures found at section 90-180(6) of the Columbia County Code.

(c)

Variances. A property owner or his designated representative, designated in writing and signed by the owner, may make application for a variance, using forms provided by the director. Upon receipt of an application for a variance, the director shall schedule a public hearing before the planning commission. The director shall advertise such hearing in a newspaper of general circulation in the county at least 30 days prior to the public hearing, and shall erect, in a conspicuous place on the property in question, a sign giving public notice of the appeal at least 15, but no more than 45, days prior to the scheduled hearing. Notice of this public hearing shall be mailed to the applicant and owner of the property that is subject to the requested action. The planning commission shall consider and decide whether to recommend approval or disapproval of all applications for variances within 30 days after such public hearing, and in accordance with the standards set forth in this subsection. The public hearing shall follow procedures as outlined in section 90-180(6) of Columbia County Code. Variances from the terms of this chapter may be recommended by the planning commission in such individual hardship cases of practical difficulty or unnecessary hardship upon a finding by the planning commission based on the following:

(1)

There are special circumstances or conditions unique to the property that do not generally apply in the district.

(2)

The special circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance. There must be a deprivation of beneficial use of land.

(3)

Topographical or other conditions peculiar and particular to the site are such that strict adherence to the requirements of this chapter would cause the owner unnecessary hardship, and would not carry out the intent of this chapter, and that there is no feasible alternative to remedy the situation.

(4)

If granted, the variance shall be in harmony with the general purposes and intent of this chapter, and shall not be injurious to the neighborhood or detrimental to the public welfare.

(5)

In reviewing an application for a variance, the burden of showing that the variance should be recommended and/or granted shall be upon the person applying for the variance.

(6)

When recommending a variance, the planning commission, or the board of commissioners, when granting a variance, may establish reasonable conditions concerning the use of such property, and may establish an expiration date for such variance.

(7)

Any variance recommended and/or authorized is to be set forth in writing in the minutes of the planning commission and the board of commissioners, as the case may be, with the reasons for which the departure was justified, and the conditions under which the variance was granted.

(d)

Limitations on variances. A variance shall not be considered or granted from the conditions of approval imposed on a property through a zoning change granted by the board of commissioners; nor may a minimum lot size required in the applicable zoning district be reduced; nor may any use of land or structures be granted that is not permitted by the zoning district that is applicable to the property.

(e)

Minor waivers. The director or his designee may approve minor setback waivers when the request contains all of the following elements:

(1)

The request is for a maximum of ten percent reduction of the required front, side and rear minimum building line.

(2)

No side or rear setback can be less than five feet on any residential lot for detached homes.

(3)

All minimum building codes are met.

(4)

No utility services will be affected.

The public hearing shall follow noticing requirements as outlined in section 90-180(5) and hearing procedures as outlined in section 90-180(6). Approvals or denials must be in writing and sent to the applicant.

(f)

Minor revisions. A minor revision, as outlined in section 90-182(d) of Columbia County Code, may be requested by the owner or their designated representative on forms provided by the director. The public hearing shall follow noticing as outlined in section 90-180(5) and procedures as outlined in section 90-180(6) of Columbia County Code. An approval or denial of a minor revision must be in writing and sent to the applicant and owner of the property in question.

(g)

Appeals from decisions made by the planning commission.

(1)

An appeal from a decision by the planning commission shall be made to the board of commissioners. Such an appeal may be made by any person aggrieved, or by any governmental officer, department, board or bureau affected by any decision of the planning commission, based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the director a notice of appeal specifying the grounds for such appeal.

(2)

If such an appeal is taken by a party directly involved in the action or decision being appealed from (i.e. an applicant, property owner, etc.) it must be filed within 30 days after the date of occurrence of the action or decision being appealed from.

(3)

If such an appeal is taken by a party not directly involved in the action or decision being appealed from (i.e. a person in opposition to the action or decision being appealed from, etc.) who might not have knowledge of the filing of an application or request for an action or decision being sought by an applicant or property owner, it must be filed within 30 days after the date of the posting of notice on a sign placed on the land in question or the publication of notice of a public hearing on the matter in a newspaper of general circulation in the county, whichever shall occur first.

(4)

The director shall transmit to the board of commissioners all papers constituting the record upon which the action appealed from was taken, and the board of commissioners shall fix a reasonable time for the hearing of the appeal or other matters referred to the board of commissioners. The public hearing shall follow the notice requirements found in subsections 90-180(5) and procedures as outlined in section 90-180(6) of Columbia County Code.

(5)

Such appeals from a decision by the planning commission to the board of commissioners are handled pursuant to the procedures set forth in this chapter of the Columbia County Code.

(Code 1979, § 2-16-83; Ord. No. 11-18, § 1, 11-1-2011; Ord. No. 23-05, § 1(Exh. A), 6-20-2023)

The board of commissioners may from time to time, amend, supplement or change the boundaries of the zoning districts established in this chapter, approve a conditional use on a property or change the provisions of this chapter. Any proposed amendments, supplements or changes shall first be submitted to the planning commission for its recommendation. A request to change the zoning district boundaries, or establish a conditional use, may be initiated by the owner of property that would be affected by the change or by the planning commission or the board of commissioners. The adoption of the ordinance from which this chapter is derived, or any amendment thereto, may only be initiated by the planning commission or the board of commissioners.

(1)

Rezoning of property initiated by owner. The following procedures shall be required when a request is made for a change in the zoning district boundaries or the establishment of a conditional use by the owner of the property to be affected:

a.

Any property owner acting in person or through his representative, duly authorized in writing and filed with the director, desiring a zoning change affecting his property shall first file an application requesting such change with the director. Any change in ownership of the property following the filing of such application shall not affect the continuation of the consideration of the application unless the new owner shall request and be allowed to withdraw the application as provided in this subsection. The prior owner of the property who filed the application shall, upon transfer of title of such property, have no further right to request withdrawal of the application.

b.

Per the notice requirements set forth in section 90-180(5), after receiving the petition, the director shall, in writing, inform the applicant of the date on which a public hearing will be held before the planning commission to consider the zoning change. See subsection 90-180(4) notice requirements for proposed zoning decisions related to or allowing the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency

c.

Notice of the scheduled public hearing shall follow section 90-180(5), except as provided in subsection 90-180(4).

e.

The public hearing shall be conducted by the planning commission in accordance with the procedures set forth in this section.

f.

The planning commission shall make a recommendation to the board of commissioners stating its approval, approval with conditions, disapproval or such other recommendation as it deems appropriate. Such recommendation shall be made by the planning commission within 30 days of the public hearing or the requested zoning change shall be deemed to have been recommended for approval by the planning commission.

g.

An application may not be withdrawn by the applicant after the public hearing has been advertised; however, the planning commission or the board of commissioners may, by a majority vote, allow an application to be withdrawn without prejudice.

h.

Once advertised, an application may not be amended, except to offer more restrictive conditions or to change the request to a more restrictive zoning district.

i.

Following receipt of the recommendation of the planning commission, or the expiration of 30 days following the public hearing without there being a recommendation by the planning commission, the board of commissioners shall consider the requested zoning change at its next regularly scheduled meeting, and may approve the request, approve the request with conditions, approve rezoning of the property, but to a more restrictive zoning district, deny the request, defer action to a later specified time or remand the matter to the planning commission for further consideration and recommendation. At the request of the property owner, the board of commissioners may allow withdrawal of the application with or without prejudice.

j.

Once denied by the board of commissioners, no application change shall be considered for the same property until at least six months shall have passed since action was taken by the board of commissioners.

(2)

Rezoning of property initiated by county. The following procedures shall be followed when a change in zoning district boundaries or the establishment of a conditional use is initiated by the planning commission or the board of commissioners:

a.

The planning commission or the board of commissioners, by majority vote of those voting at a regularly scheduled meeting, may initiate a zoning change.

b.

The director shall schedule a public hearing before the planning commission to be held on the proposed change. At least 15, but not more than 45, days prior to the scheduled public hearing, the director shall advertise such hearing as set forth in section 90-180(5), except as provided in subsection 90-180(4), such notice may additionally be published by posting such notice in a conspicuous place on the website of the county, as applicable, or on a common state-wide website.

c.

The public hearing shall be conducted by the planning commission in accordance with the procedures contained in this section.

d.

The planning commission shall make a recommendation to the board of commissioners stating its approval, approval with conditions, disapproval or such other recommendation as it deems appropriate. Such recommendation shall be made by the planning commission within 30 days of the public hearing or the proposed zoning change shall be deemed to have been recommended for approval by the planning commission.

e.

Following receipt of the recommendation of the planning commission, or the expiration of 30 days following the public hearing without there being a recommendation by the planning commission, the board of commissioners shall consider the proposed zoning change at its next regularly scheduled meeting, and may approve the change, approve the change with conditions, approve rezoning of the property but to a more restrictive zoning district, deny the change, defer action to a later specified time or remand the matter to the planning commission for further consideration and recommendation.

f.

If any portion of the zoning change is denied by the board of commissioners, the same change may not be considered for the same property until expiration of at least six months immediately following the denial of such zoning change.

(3)

Text amendments. The following procedures shall be followed for the adoption of any amendment to the text of this chapter:

a.

The planning commission or the board of commissioners, by majority vote of those voting at a regularly scheduled meeting, may initiate a change in the text of this chapter.

b.

The director shall schedule a public hearing before the planning commission to be held on the proposed amendment to this chapter. At least 15, but not more than 45, days prior to the scheduled public hearing, the director shall advertise such hearing in a newspaper of general circulation in the county. The notice shall state the time, place and purpose of the hearing.

c.

The public hearing shall be conducted by the planning commission in accordance with the procedures contained in this section.

d.

The planning commission shall make a recommendation to the board of commissioners stating its approval, approval with changes, disapproval or such other recommendation as it deems appropriate. Such recommendation shall be made by the planning commission within 30 days of the public hearing, or the proposed amendment shall be deemed to have been recommended for approval by the planning commission.

e.

Following receipt of the recommendation of the planning commission, or the expiration of 30 days following the public hearing without there being a recommendation by the planning commission, the board of commissioners shall consider the proposed amendment at its next regularly scheduled meeting, and may approve the amendment in whole or in part, approve the amendment in whole or in part with changes, deny the amendment in whole or in part, defer action to a later specified time or remand the matter to the planning commission for further consideration and recommendation.

(4)

Rezoning of property for single family residential uses to be zoned for multi-family residential uses initiated by the county or text amendments seeking to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses; Rezoning of property related to the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

a.

Notwithstanding any provision to the contrary, rezoning decisions or text amendments in this subsection shall comply with the following notice requirements.

b.

If the rezoning will permit property zoned for single family residential uses to be zoned for multi-family residential uses of property, then the public hearing shall follow the requirements in subsection (4)(c) of this section.

c.

When a text amendment seeks to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multi-family 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, the amendment must be adopted in the following manner:

1.

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

2.

Prior to the first meeting provided for in subparagraph (1) of this paragraph, 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 text amendment. 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 paragraph shall be in addition to any hearing required under this section. The notice of the public hearings shall be provided by:

i.

Posting notice on each affected premises in the manner prescribed by section 90-179(b); 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

ii.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government 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 text amendment relates to or will authorize multi-family 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 county clerk and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

d.

If a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, the public hearing shall be held at least six months and not more than nine months prior to the final action on the zoning decision. The director shall give notice of the public hearing per this section. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

(5)

Public hearing noticing requirements. Public hearing notice requirements shall be as follows:

a.

Notice of public hearings where the planning commission, or other quasi-judicial body, serves as decision maker.

1.

In all matters for which the planning commission, or other quasi-judicial body under O.C.G.A. 36-66-4(g), is the decision-maker, the county shall advertise the public hearing in a newspaper of general circulation in the county at least 30 days prior to the date of the hearing. Notice of the hearing shall also be mailed to the applicant and, as applicable, the owner of subject property.

2.

If the request is for an appeal of a decision by the director, the director shall erect, in a conspicuous place on the property in question or on the right-of-way of the nearest public road if the property does not front on a public road, a sign giving public notice of the appeal at least 30 days prior to the scheduled hearing. Any party or person may appear at the hearing in person, by agent or by attorney.

3.

The public hearing shall follow the procedures outlined in subsection 90-180(6) of the Columbia County Code.

b.

Notice of public hearings where the board of commissioners serves as decision maker.

1.

In all matters for which the board of commissioners is the decision-maker, including zoning matters where the public hearing is before the planning commission as a recommending body, the county shall advertise the public hearing in a newspaper of general circulation in the county at least 15 days prior to the date of the hearing. Notice of the hearing shall also be mailed to the applicant and, as applicable, the owner of subject property.

2.

The director shall erect, in a conspicuous place on the property in question or on the right-of-way of the nearest public road if the property does not front on a public road, a sign giving public notice of the appeal at least 15 days prior to the scheduled hearing. Any party or person may appear at the hearing in person, by agent or by attorney.

3.

The public hearing shall follow the procedures outlined in subsection 90-180(6) of the Columbia County Code.

(6)

Public hearing procedures. The public hearing held by the planning commission for zoning changes, variances, variations, appeals, temporary use authorizations, provisional home occupations, minor waivers, minor revisions or text amendments shall be called, and notice published, as provided in this section. The public hearing shall be conducted in the following manner:

a.

Notice of the hearing shall be provided pursuant to section 90-180(5).

b.

The public hearing shall be convened at the scheduled time and place by the chairman, the vice-chairman or the chairman's designee, who shall preside.

c.

The director shall submit each proposed zoning change, variances, variations, appeals, temporary use authorizations, provisional home occupations, minor waiver, minor revision, or text amendment to the planning commission, together with a report of the director's findings and recommendation.

d.

No person in attendance at such hearing shall speak unless first formally recognized by the chairman. Any member of the general public may speak at a hearing, but the applicant shall be afforded the first opportunity to speak. Upon rising to speak, each person recognized shall state their name and home address. An equal minimum time period for proponents and opponents of a request shall be afforded with a minimum time period of no less than ten minutes per side. Either side may cede their time during the hearing if they so desire.

e.

Following the public hearing on each zoning change, variances, variations, appeals, temporary use authorizations, provisional home occupations, minor waiver, minor revision or text amendment, the planning commission shall make its recommendation or decision as applicable by majority vote of those voting.

(7)

Standards for zoning change or text amendment. The planning commission and the board of commissioners shall consider the following in considering any zoning proposal which would result in a change in the boundary of a zoning district, the establishment of a conditional use or an amendment to the text of this chapter, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

a.

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

b.

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

c.

Whether the zoning proposal is compatible with the purpose and intent of the growth management plan.

d.

Whether there are substantial reasons why the property cannot or should not be used as currently zoned.

e.

Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of public facilities or services, including, but not limited to, existing streets and transportation facilities, schools, water or sewer utilities and police or fire protection.

f.

Whether the zoning proposal is supported by new or changing conditions not anticipated by the growth management plan or reflected in the existing zoning on the property or surrounding properties.

g.

Whether the zoning proposal reflects a reasonable balance between the promotion of the public health, safety, morality or general welfare against the right to unrestricted use of property.

(Code 1979, § 2-16-84; Ord. No. 23-06, § 1(Exh. A), 6-20-2023)

Property owned by the county, the board of commissioners, the county school district, the county board of education, the state or the United States government, and used or held for use for governmental purposes, is not subject to the provisions of this chapter.

(Code 1979, § 2-16-84.1)

(a)

Applicability. The provisions of this section are applicable to property upon designation of the site as a special, planned unit development (PUD), or planned development district (PDD) by the board of commissioners pursuant to section 90-180.

1.

A special, planned unit development, or planned development district is established by rezoning the property and adopting a development plan. The development plan establishes regulations for the use, development, improvement and maintenance of the property, and must be adopted in accordance with section 90-180.

2.

The development plan establishes the permitted, conditionally permitted and accessory uses; site plan, including the site area; street layout, including typical street sections; pedestrian facilities; open space areas; number of residential units by type; square footage of residential and non-residential units; preliminary landscaping plan, development regulations; architectural standards; phasing plan, if applicable; statement regarding consistency with the comprehensive plan and all other applicable plans; traffic study; other information necessary for the substantive and environmental review of the proposed project; and any other information deemed necessary by the planning services director.

(b)

Permitted uses. A listing of permitted uses within a particular special, planned unit development, or planned development district shall be adopted as part of the regulations applying to that district only. The uses permitted shall be consistent with the list of permitted uses in section 90-50 (residential) and section 90-97 (commercial). Industrial uses are prohibited within special, planned unit development, and planned development districts.

(c)

District regulations. The following regulations apply to designated uses and development in special, planned unit development, or planned development districts, other provisions in this article to the contrary notwithstanding:

1.

The development plan shall specify a phasing plan for all amenities to be provided within the development. The amenity phasing plan shall correspond with the overall development phasing schedule, and shall provide for the reasonable completion of amenities to maximize enjoyment by residents.

2.

The following site development characteristics shall be determined and set in the approved development plan:

(i)

Minimum lot area(s);

(ii)

Minimum lot width(s);

(iii)

Size(s) and location(s) of yard(s) and setback(s);

(iv)

Maximum impervious surface ratio for individual lots and the development as a whole;

(v)

Minimum and/or maximum building density, including total number of residential units and non-residential square footage permitted, broken down by type;

(vi)

Maximum structure height(s);

(vii)

Open space shall be provided with all PUDs, and minimum open space shall be set by the development plan. For PUDs incorporating multi-family residential dwellings, a portion of the open space, complementary to the proposed design and lifestyle features of the proposed development, shall be reserved as common open space that shall be designated for the recreational or leisurely use by residents.

(viii)

Off-street and on-street parking and loading needs and dimensions;

(ix)

Internal traffic calming strategies;

(x)

Location, size, and/or amount of bufferyard(s), screening, landscaping, and tree save areas;

(xi)

Layout of lots, streets, and any other infrastructure, including bicycle and pedestrian facilities, serving the development, if applicable;

(xii)

Spacing and species of street trees to be installed;

(xiii)

Development-specific architectural design criteria;

(xiv)

Location, size, and design of any permanent signage;

(xv)

Location of and specifications for site access and internal traffic circulation; and

(xvi)

Any other site-specific prescription(s) deemed necessary for the development of the site, as proposed.

3.

Projects shall meet the following design requirements:

(i)

The minimum side building setback shall be ten feet for all single-family detached units, and on the detached side of all single-family attached units. This minimum notwithstanding, the character of a proposed (or "the proposed" or "a particular") planned residential development may justify smaller side setbacks. Certain development types, including, but not limited to traditional neighborhood development (TND), pocket neighborhoods, and some residential infill solutions may benefit from the use of smaller setbacks to achieve the development concept. The board of commissioners may, where justified by the development concept, approve minimum side building setbacks below ten feet.

(ii)

The minimum rear building setback will be ten feet.

(iii)

Residential driveways shall be a minimum of 20 feet long between the garage and sidewalk or back of curb (where sidewalks are not present).

(iv)

Streets shall be designed as a hierarchy of street types in an interconnected pattern.

a.

Interconnecting sidewalks with a minimum width of five feet shall be installed on both sides of all streets, and shall meet Public Rights-of-Way Accessibility Guidelines (PROWAG) requirements, latest edition, at all street intersections. A walking trail with a minimum width of eight feet may be installed in lieu of sidewalks along one side of major neighborhood streets where the installation of sidewalks is unnecessary or impractical, as determined by the director of planning services.

b.

Sidewalk or walking trail locations shall be shown on street types.

c.

Major neighborhood streets shall converge on neighborhood centers, parks, landmarks, schools, etc.

d.

Streets and alleys shall terminate at other streets within the development, and shall be "stubbed out" at the edge of the project site to provide linkages with future development. Connections shall be made to "stub outs" on adjacent parcels. The use of dead-end streets and culs-de-sac should be minimized and must be approved by planning commission in cases where site topography necessitates their use.

(v)

Street trees shall be planted on both sides of all streets (except alleys).

a.

Street trees shall be planted within a tree lawn with a minimum width of six feet, either between the back of the curb and the sidewalk, or between the sidewalk and the building.

b.

Perpetual maintenance of street trees shall be specified in the development plan.

c.

Required street trees shall be installed prior to the issuance of a certificate of occupancy for the building to which the street trees closest relate.

d.

Existing tree canopy may substitute for the installation of street trees, where practical, and may be approved by the director of planning services.

(vi)

Roadway design and stormwater standards shall adhere to environmentally sensitive and aesthetically pleasing best management practices and development standards.

(vii)

A minimum of ten percent of the usable project area shall be permanently allocated to open space.

a.

A portion of the required open space shall be centrally located within the development. Location and approximate size of the open space area shall be designated and approved by the planning commission as part of conceptual approval.

b.

For developments under ten acres, the open space requirement may be satisfied by an existing or proposed public park or trail network that is within 1,300 feet of the development boundary.

c.

Stormwater infrastructure may not be counted toward the required open space, unless designed as part of a low-impact system that utilizes bio-swales and natural recharge areas.

d.

Utility easements may not be counted toward the required open space, unless utilized as part of a common trail network or other amenity.

(viii)

Specific architectural design criteria shall be adopted as part of the overall plan for the site.

(ix)

Maximum impervious cover for individual building lots shall be specified in the development plan, with stormwater infrastructure designed accordingly.

(x)

Vegetated bufferyards of a minimum width of 15 feet shall be maintained along a development's exterior boundaries.

a.

Bufferyards shall be left undisturbed throughout development.

b.

Bufferyards may count as part of the required open space only if located outside of a building lot.

4.

Additional criteria for multi-family and single-family attached development:

(i)

Density counts relate to buildable site area.

(ii)

Fifty percent of single-family attached units must have access to an attached or detached garage. If detached, the garage must be located to the rear of the primary structure.

5.

The site development characteristics prescribed by the approved development plan associated with a special, planned unit development, or planned development district shall supplant any conflicting standards for site development established in the Columbia County Code of Ordinances. Any site development characteristics not prescribed in the approved plans for a special, planned unit development, or planned development district shall be subject to the minimum standards, if applicable, established in the Columbia County Code of Ordinances.

(d)

Revisions.

1.

Minor changes. Changes proposed in writing by the applicant that do not alter district boundaries and that involve revision of minor characteristics of a PRD, such as relocation of driveways, façade details, drainage structures, number of required parking spaces, and other features that do not materially affect the approved plan concept or violate any other applicable regulations, may be approved by the planning commission. Variations to residential density less than five percent of the initially-approved density constitute minor changes.

2.

Major changes. Changes proposed in writing by the applicant that alter district boundaries or that materially affect the characteristics or functionality of the PRD, such as changes in the general layout of buildings and their environs on the site, changes to the district regulations, or landscaping shall be submitted under the provisions of section 90-180 pertaining to zoning changes and ordinance amendments, and must be approved by the board of commissioners. Variations to residential density that are five percent or greater of the initially-approved density constitute major changes.

(Code 1979, § 2-16-85; Ord. No. 06-01, §§ 2—5, 3-7-2006; Ord. No. 09-01, §§ 1, 2, 1-20-2009; Ord. No. 09-02, § 4, 6-2-2009; Ord. No. 11-09, § 1(Exh. A), 3-1-2011; Ord. No. 15-20, § 1(Exh. A), 6-16-2015)

At least once each calendar year, the director shall report to the board of commissioners all properties upon which no development activity, building construction or use of the land, buildings or structures, as authorized by zoning approval, has commenced within five years of such zoning approval or the approval of this chapter as amended and restated, whichever is the latest. The board of commissioners, in its discretion, may initiate action to rezone any such property to its former zoning district or any other zoning district deemed suitable by the board of commissioners, under the procedures set forth in section 90-180(2).

(Code 1979, § 2-16-85.1)

The board of commissioners may establish, by resolution, a schedule of filing fees to be paid upon the filing of an application for a change of zoning, variance, rezoning for existing nonconforming use, building permit or other approval, as provided for in this article. The schedule of filing fees then in effect shall be posted in the offices of the county where such applications are filed, and shall be provided to any person upon request. The board of commissioners may amend the schedule of established filing fees, or add additional filing fees from time to time as it shall deem appropriate. All such filing fees shall be due and payable upon the filing of the application requiring the payment of such fee, and such application shall not be deemed complete and ready for processing until such filing fee has been paid. In establishing the amount of such filing fees, the board of commissioners shall set such fees at an amount necessary to reimburse the county for the costs incurred by it in processing, reviewing and acting upon such application as the board of commissioners, in its discretion, shall determine.

(Code 1979, § 2-16-86)

In the interpretation and application of the provisions of this chapter, such provisions shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

(Code 1979, § 2-16-87)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis of such complaint, shall be filed with the director. The director shall properly record such complaint, immediately investigate such complaint, and take action thereon, as provided by this chapter.

(Code 1979, § 2-16-88)

(a)

Any person who violates any provision of this chapter, or fails to comply with the requirements of this chapter, shall, upon conviction, be subject to penalties and costs as set forth in section 1-9. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation of this chapter may each be found guilty of a separate offense and suffer the penalties set forth in this subsection.

(b)

If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of this chapter, the director, county attorney or other appropriate authority of the county, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(Code 1979, § 2-16-89)

All ordinances and parts of ordinances in conflict with this chapter are repealed to the extent necessary to give this chapter full force and effect.

(Code 1979, § 2-16-91)

This chapter shall take effect and be in force from and after June 1, 1996.

(Code 1979, § 2-16-92)