The map entitled "McDuffie County, Georgia Future Land Use Map" prepared in 1992 and contained in the Joint McDuffie County, City of Thomson, City of Dearing Comprehensive Plan: 2015, as amended, together with all notations, references, and other information shown thereon is hereby made a part of this chapter, and may be referenced as the future land use map. Said future land use map is hereby made a public record and shall be kept permanently in the office of the development code administrator, where it will be accessible to the general public. Any uncertainty or confusion regarding the exact location of the land use classification boundaries shown on the future land use map shall be resolved in the manner prescribed in article III, section 44-53 of this chapter.

(Ord. of 3-23-99, Art. IV, § 1)

McDuffie County is a rural community that is characterized by a broad mix of land uses. The county wishes to encourage continuation of this general development pattern. However, the county acknowledges that land uses can generate conflicts with neighboring uses, when significant differences in development intensity occur in close proximity. This chapter seeks to minimize potential development intensity conflicts through the use of quantitative performance standards. However, the county further seeks to minimize potential land use conflicts through the application of general land use compatibility guidelines. These guidelines shall be applied to all principally permitted land uses and those land uses permitted by special exception to identify the need for special development conditions over and beyond the protections provided by the required conditions, along with the development intensity and dimensional standards for the applicable zoning district. The board of commissioners shall have discretion to impose zoning conditions which are related to the promotion of the public health, safety, morals, or general welfare and designed to minimize the negative impact on surrounding lands. Such conditions may include, but are not limited to, restrictions on land use, height, setbacks and other non-use requirements, physical improvements to the property and infrastructure serving the property. Where the development code administrator feels that, during administrative review, impact mitigation options specified in this section should be applied to a proposed use, the development code administrator may recommend to the planning commission board any mitigation requirements to be applied. Such recommendations by the planning commission board shall be forwarded to the board of commissioners where, upon review of the proposed mitigation requirements, they may change or alter the conditions of approval as they deem necessary to satisfy the intent of this section.

(1)

Unmitigable land use conflicts. McDuffie County recognizes that some potential conflicts between land uses can be so extreme as to make any mitigation measures infeasible or overly burdensome on the development applicant. Such situations should be avoided. As a result, the following uses shall not be approved when the proposed development lot abuts a lot currently used or designated on the future land use map as appropriate for the stated protected use(s).

a.

No heavy industry use shall be allowed on a lot that abuts an existing or planned residential development.

b.

No solid waste facility shall be allowed on a lot that abuts an existing or proposed residential development.

c.

No airport shall be allowed on a lot that abuts a lot committed to any residential or commercial development, or the I-2 Heavy Industrial District.

(2)

Buffers. Buffers may be required where more intensive or concentrated land uses abut less intensive or concentrated land uses. Buffers shall be required for any proposed commercial or industrial use that abuts an existing or planned residential use. Buffers shall be required for any multifamily residential uses that abut an existing or planned single-family residential use. Buffers may be required for any residential development consisting of five or more lots or units that abuts a commercial farm operation or lands that are being cultivated to produce crops or fruits. Buffers also may be required for any development which possesses or abuts sensitive natural resources such as those specified in article V, section 44-83 of this chapter. Basic requirements for all buffers are specified in article V, section 44-87 of this chapter. The development code administrator or planning commission board, or the board of commissioners may require the applicant to install a solid fence at least six feet in height within a required buffer if necessary to provide protective screening.

(3)

Hours of operation. Where a proposed business use will generate traffic levels that may be considered excessive in a predominantly residential area, the development code administrator, planning commission board, or the board of commissioners may limit the hours of operation of the business to prevent undue traffic noise impacts during the hours between 7:00 p.m. and 8:00 a.m. The planning commission may further impose restrictions on business operation during the weekends, especially for authorized uses by special exception.

(4)

Glare. Some land uses, especially those providing lighted parking lots and lighted signs, can generate excessive glare on neighboring properties. The development code administrator or planning commission board, or the board of commissioners may impose special requirements for shielding or fencing (up to six feet in height) as is warranted to protect neighboring properties from excessive glare.

(5)

Noise. Certain commercial and industrial uses can generate noises that may be considered excessive by neighboring uses. Noises can be irritating or conflicting in terms of pitch, frequency, volume, duration of exposure, random breaks between intervals of noise, or some combination of these factors. The development code administrator, planning commission board, or the board of commissioners may increase setback requirements up to three times the minimum required, or require sound walls or earth berms not to exceed eight feet in height as may be reasonable or necessary to minimize potential noise impacts beyond the property of the proposed noise-generating use. Such requirements shall not be applied to proposed agricultural uses.

(6)

Traffic. When a newly developed land use generates substantial increases in traffic on an adjoining street, the resulting impacts on nearby single-family residential uses can be great. If reasonable concerns about traffic generation on the proposed property exist, the development code administrator, planning commission board, or the board of commissioners may require the applicant, at the applicant's own cost, to demonstrate through an appropriate and rational analysis using acceptable traffic engineering standards, that the proposed use would not significantly increase traffic congestion, or reduce traffic safety. If the proposed use would generate a total average weekday (or weekend for churches) daily traffic volume that would increase by 50 percent or more the average daily traffic volume on the adjoining street or streets (as estimated by the department of transportation for the current year) from which access to the property will be provided, then the development code administrator, planning commission board, or the board of commissioners may consider the following mitigation measures.

a.

Developing a phasing schedule that would ensure that potential traffic volume increases would not cumulatively exceed 50 percent in any five-year period.

b.

Providing access to the property from another neighboring street, thereby distributing potential traffic impacts to other streets.

c.

Requiring smaller structures for nonresidential uses or reducing the total number of lots allowed to mitigate excessive traffic increases.

(7)

Large paved areas. When a major commercial or industrial use requires a large paved parking lot (more than 100 parking spaces or one acre in area, whichever is less), the combined effect of impervious surfaces on stormwater runoff and groundwater recharge can be significant. In order to mitigate any such impacts to the natural environment, the development code administrator, planning commission, or the board of commissioners may require an applicant to provide unpaved vegetated islands or reserved strips to be integrated within the proposed parking area not to exceed 15 percent of the gross lot area covered by paved surfaces.

(8)

Special studies. Where an unresolved dispute arises between an applicant and the development code administrator, the planning commission board, or the board of commissioners regarding the appropriateness or necessity of any impact mitigation measures contained in this section, a special study may be required to resolve the conflict and determine the appropriateness or necessity of the required impact mitigation measure. Such special study shall be prepared by a qualified consultant selected by agreement between the aforementioned local officials, as applicable, and the applicant. The cost for any needed study shall be borne solely by the applicant, unless special circumstances warrant discretion by the county whereby costs should be shared between the applicant and the county.

(Ord. of 3-23-99, Art. IV, § 2)