(a)

Duties and powers. The provisions of this chapter shall be administered and enforced by the development code administrator who shall have authority to carry out those duties necessary to interpret, administer, and enforce this chapter. The development code administrator, and his or her agent or staff, shall assist applicants in the preparation of development applications; understand the specific requirements of the code; coordinate required meetings and hearings; issue permits and notices; review development applications and prepare staff reviews for the planning commission (board), and enforce the code and perform property inspections as applicable.

(b)

Enforcement and remedies. This chapter has been adopted pursuant to the 1983 Constitution of the State of Georgia. Violation of any provision of this chapter shall constitute an offense punishable in magistrate court. The development code administrator shall be responsible for ensuring enforcement of this chapter in accordance with the following procedures:

(1)

Inspections and investigations. The development code administrator or his/her designated agent may conduct regular site inspections of all approved development activities to monitor and document compliance with this chapter and any special approval conditions. If the development code administrator has received a reported complaint regarding an alleged violation of this chapter, the complaint shall be investigated and the extent of the alleged violation documented in writing.

(2)

Notice. Once a violation has been confirmed through on-site investigation, the development code administrator shall make a good faith effort to contact the property owner in writing to notify him/her of the nature of the violation and note the options available for addressing the violation. If the property owner cannot be contacted, or if contacted, the property owner does not correct the violation, the development code administrator shall send a written notice of the violation to the property owner by certified mail, return receipt requested. The official violation notice shall contain the following information:

a.

The date of the notice;

b.

An explanation of the nature of the violation that has been documented;

c.

A reference to the specific provisions or requirements of the ordinance or permit approval conditions that have been violated;

d.

A statement that the violation should be corrected within 30 days of the date of the notice to avoid further legal action;

e.

An explanation of the corrective measures or options necessary to mitigate or correct the violation;

f.

A statement of the legal actions that will be pursued by the county if the violation is not remedied.

(3)

Failure to correct violation. If, within 30 days of the date of the official notice, the violation has not been corrected, the development code administrator shall notify the county attorney of the violation, and request any appropriate legal action.

(4)

Penalties. Upon conviction of a violation of any provision of this chapter, the violating party or parties shall be deemed guilty of a misdemeanor. Any person violating any provision(s) of this chapter shall be subject to a fine of up to $1,000.00 for each violation. Each day that a violation continues after the date of official violation notice shall be considered a separate violation.

(c)

Development review and coordination. The development code administrator, and his or her agent or staff, may prepare a staff report on each major development application with the assistance and consultation of county departments and/or other affected and interested in public agencies. All staff reports should include at the minimum an analysis of:

(1)

Estimated increases in school enrollment as a result of proposed residential development.

(2)

Estimated increases in the volume of traffic and anticipated effects on the existing street/road system.

(3)

Estimated increase in commercial business or employment growth.

(4)

Effect on law enforcement as it relates to response time, manpower, the need for additional facilities and major capital equipment, or other resources.

(5)

Effect on fire protection as it relates to response time, manpower, fire flows, the need for additional facilities and major capital equipment, or other resources.

(6)

Effect on the environment and natural resources including but not limited to soils, groundwater, surface water, air quality, or other sensitive resources deemed applicable by the development code administrator.

(7)

Effect on public water and sewer systems.

(8)

Effect on recreational facilities and impact on recreational opportunities.

(9)

Effect on affordable housing opportunity.

The development code administrator may convene a development review committee consisting of personnel from affected county departments and public agencies involved in the preparation of an impact report of each major development application. Development review conferences should be held at least ten working days prior to the public hearing at which the development application shall be presented. Findings and recommendations of the staff report shall be discussed and/or reiterated during the development review conference to affirm documented research. The applicant should be present during this meeting, and may be permitted to consult with members of the review committee regarding technical aspects of the findings. The applicant shall be made aware of the meeting at least ten calendar days in advance by regular mail.

(Ord. of 3-23-99, Art. VIII, § 1)

The combined Thomson-McDuffie County Planning Commission is hereby established. The organization and rules of conduct are as follows:

(1)

Organization. The planning commission board shall be organized as follows:

a.

Membership. The planning commission shall consist of six members. The board will be comprised of two City of Thomson resident members appointed by the Thomson City Council, two resident members of the Town of Dearing appointed by the Dearing Town Council, and two McDuffie County resident members appointed by the McDuffie County Board of Commissioners.

b.

Terms of office. Three members shall be appointed for a term of two years and three members shall be appointed for a term of four years. Each jurisdiction will appoint one member to a two year term and one member to a four year term. Thereafter, all appointments shall be made for terms of four years each. When vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as a regular appointments, but shall serve only until the expiration of the term in which the vacancy occurred.

c.

Officers. The members shall elect from among their number a chairman and vice-chairman to serve for a term of one year at the first meeting of each calendar year. When vacancies of the chairman or vice-chairman occur prior to the expiration of a regular term, they shall be filled in the same manner as a regular appointments, but shall serve only until the expiration of the term in which the vacancy occurred.

d.

Compensation. In the performance of its duties, the planning commission board members may incur such reimbursed expenses as shall be authorized by the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council. Each member may receive compensation for their services at a rate set and approved by their governing body.

(2)

Jurisdiction. The planning commission board shall have the following duties and powers:

a.

To review applications for changes to zoning classifications (i.e. zoning changes), to hear after prescribed public notice, public testimony regarding the proposed changes; to review the current comprehensive plan and future land use map, as applicable; to consider the effect of the proposal upon the public welfare; and to render a written recommendation to the appropriate governing body; the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council regarding proposed amendments to the comprehensive plan, land development code, official zoning map, or other amendments to these regulations.

b.

To review proposed land use compatibility measures recommended by the development code administrator during administrative review to mitigate potential impacts between proposed and existing land uses. The planning commission may affirm or modify the recommended land use compatibility mitigation measures as is necessary to advance the objectives of this chapter.

c.

To hear and decide special exceptions to the requirements of these regulations which the planning commission board shall recommend to the appropriate governing body; the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council in accordance with these regulations. In granting a special exception or modification, the board of commissioners should determine that:

1.

The use meets or exceeds all required conditions.

2.

The use is not detrimental to the public health or general welfare.

3.

The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services.

4.

The use will not violate neighborhood character nor adversely affect surrounding land uses.

d.

To recommend variances from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will, in an individual case(s), result in unnecessary hardship, so that the spirit and intent of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board that:

1.

There are extraordinary and exceptional conditions that are peculiar to the particular property in question because of its size, shape, or topography.

2.

The application of these regulations to this particular piece of property would create an unnecessary hardship that is inconsistent with the spirit and intent of this chapter.

3.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of these regulations.

4.

The requested relief is necessary to ensure that the property owner is entitled to the same basic development rights and privileges as other similarly zoned properties and does not grant the applicant special rights and privileges to which other similarly zoned property owners are not also entitled.

5.

The proposed relief will grant the minimum deviation from the requirements of this chapter that is necessary to mitigate the hardship.

6.

Mere inconvenience to the property owner shall not constitute justification for the granting of an application, nor shall the number or proponents or opponents in itself be a singular factor in the granting or denying an application.

(3)

Procedural rules. The procedural rules for the planning commission (board) shall be as follows:

a.

Meetings. Each meeting of the planning commission (board) shall be held on the first Tuesday of each month at 6:30 p.m., unless there is a conflicting holiday, whereby the regular meeting will take place on the following Tuesday. Should there be no agenda for the board to address, the board shall not be required to meet. The planning commission (board) may schedule such special meetings or work sessions as may be deemed necessary by the chairman to conduct its business. All meetings shall comply with the Georgia Open and Public Meetings Act (O.C.G.A. § 50-14-1) of 1988, and public notice as to the date, time and location shall be posted accordingly.

b.

Rules. The planning commission (board) shall have the power to adopt all rules necessary for the transaction of its business and for carrying out the powers granted to it.

c.

Voting. The concurring vote of a majority of the board members at a meeting attended by at least four board members shall be necessary to make any applicable decision upon which the planning commission (board) is required to determine. All votes shall be cast according to a voice vote unless so noted as being unanimously approved.

d.

Record of meetings. The board shall keep minutes of its proceedings and shall maintain records of its official actions. Records of meetings shall be filed and maintained in the office of the planning and zoning administrator, and shall be public record(s).

e.

Absences. Any time there are three consecutive absences, or five absences during any 12-month period, by a planning commission board member, that commissioner's term is subject to immediate expiration by the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council, and the planning and zoning administrator shall notify the McDuffie County Board of Commissioners, Thomson City Council, or Dearing Town Council in writing of the attendance record of the subject planning commission (board) member and why a new appointment is required.

(Ord. of 3-23-99, Art. VIII, § 2; Ord. No. 19-04, § 1, 11-19-19)

(a)

Meetings, public hearings, and findings of fact. All meetings, public hearings, and presentations of findings of fact concerning any action(s) promulgated under this chapter shall be submitted before the following bodies accordingly:

(1)

Planning commission. All applicants seeking an amendment to the development code text, to the official zoning map (i.e., zoning changes), or, to the future land use map, variance from the requirements of the development code or, approval of a preliminary plat/plan or a final plat/plan shall have an opportunity to present facts, reports, and/or evidence to the planning commission board at the time of either their regularly scheduled meeting, or at a special meeting. At any regular or special meeting concerning these matters, the planning commission board shall study and take into consideration factors specified in article I, section 44-3, and any staff reports when considering variances, and will determine if the application for development activity or variance meets the requirement of this chapter, and other county ordinances, as applicable. The planning commission shall make a written record of its recommendations on the proposed application and, unless appealed, forward a copy of such recommendation to the board of commissioners to render a final decision on approval or disapproval.

(2)

Board of commissioners. All applicants imposed of a special exception condition, seeking an amendment to the development code text, to the zoning map, to the future land use map, or a variance from the requirements of the development code shall have an opportunity to present facts, reports, and/or evidence to the board of commissioners at a public hearing or meeting. At any public hearing or meeting concerning such matters, the board of commissioners shall study and take into consideration factors specified in article I, section 44-3. The board of commissioners shall hold and conduct, as appropriate to the requirements of this chapter, a public hearings/meeting in compliance with the Georgia Open Meetings Act of 1988 (O.C.G.A. § 50-14-1), and the Georgia Zoning Procedures Act of 1986 (O.C.G.A. § 36-66-5). The board of commissioners, taking into consideration the findings and recommendations of the planning commission (board), shall render a final decision or action on the applicable development activity being petitioned before them. Appeals of final decisions of the board of commissioners may be initiated within 30 days by appealing such decision to the superior court of McDuffie County as prescribed in article IX, section 44-185(d).

(b)

Notice of public hearing. At least 15 but not more than 45 days prior to the date of a scheduled public hearing for variance, imposition of special exceptions or conditions, an amendment to the official zoning map, the future land use map, or the development code text, the planning commission shall cause to be published within a newspaper of general circulation within McDuffie County (or where the county government's legal advertisements customarily appear) a notice stating the time, place, and purpose of any public hearing. For any application seeking a zoning decision, other than one initiated by McDuffie County, such notice shall include at the minimum:

(1)

The location of the property.

(2)

The present zoning classification of the property.

(3)

The proposed zoning classification of the property.

(4)

For applicants imposed of a special exception or condition, requesting an amendment to the zoning map, or the future land use map, or variance to the requirements of the development code; the posting of a sign on the affected property containing the aforesaid information in this paragraph is required. The sign shall be placed by the planning commission in a conspicuous location and be posted not less than 15 days prior to the date of the hearing.

(c)

Conduct of open meetings and public hearing. All open meetings and public hearings governed by the planning commission and the board of commissioners shall be conducted under the following rules of order, as recognized by O.C.G.A. § 36-66-5:

(1)

All persons who wish to address the planning commission, or board of commissioners shall first record their names and residence addresses on a form to be provided by the county prior to the commencement of the hearing.

(2)

The secretary or development code administrator will read each proposed application under consideration in the order in which they were filed. In the case of board of commissioner review, he/she shall state the recommendation of the planning commission board. In addition he/she may also summarize the departmental reviews that pertain, prior to receiving public input.

(3)

Ten minutes shall be given to the proponents and ten minutes to the opponents of each proposed zoning decision application before either board for presentation of data, evidence, and opinion addressing the proposed application. An extension of time may be approved by a majority of the members of the board.

(4)

Each speaker shall speak only to the merits of the proposed application under consideration and shall address their remarks only to the planning commission chairman, or the chairman of the board of commissioners. Any discussion that is not relevant to the presentation of objective facts may be limited or repudiated by the Chair, if the speaker, after first being cautioned, continues to violate this rule may be ruled out-of-order and thereafter be prohibited from addressing the chair or board.

(5)

Only those persons who registered to speak prior to the commencement of the hearing shall be entitled to speak unless a plurality of the members of the planning commission or the board of commissioners present at the hearing allow an unassigned person to speak.

(6)

Printed copies of the hearing policies and procedures shall be available to the general public at every public hearing.

(Ord. of 3-23-99, Art. VIII, § 4)

(a)

Required. No building or other structure shall be constructed, erected, moved, added to or structurally altered in any way without a building permit that has been issued in advance. Building permits shall only be issued as provided under this chapter. If construction of the building or structure has not begun within six months of the date of the issuance of the building permit, the permit shall become invalid. Details as to the type of permits required, and cost, may be found in appendix B [referred to herein by reference].

(b)

Requirements. Unless otherwise directed by the development code administrator, every application for a building permit shall be accompanied by a copy of a scaled plan or, as applicable, a plat showing the lot dimension and corners; the shape size and location of all structures to be erected, altered or moved; all other structures on the lot; the existing and intended use of all such buildings or other structures; and any other such information required by the development code administrator. If all proposed actions conform to this chapter and applicable building codes, a building permit may be issued. Any reasons for disapproval shall be provided to the applicant.

(Ord. of 3-23-99, Art. VIII, § 5)

Cross reference— Manufactured homes moving permit, § 44-82(8); platting required, § 44-36; requirements, § 44-166(1)a.

(a)

Required. No habitable commercial or industrial structures (i.e., nonresidential) shall be used or occupied, and no building hereafter erected, altered, or extended, shall be used or changed in use until a certificate of occupancy has been issued by the development code administrator in accordance with the provisions of this chapter. All occupants of nonconforming uses created by the passage of, and subsequent amendments to this chapter should obtain a certificate of occupancy within one year of the effective date of this chapter or any amendments thereof, in order to avoid any future conflict or misunderstanding regarding the status of the nonconformity in question, and to avoid any penalties which may accrue as a result of a failure to apply.

Unless otherwise specified, residential properties obtaining release of electrical power shall be construed as having been issued a certificate of occupancy.

(Ord. of 3-23-99, Art. VIII, § 6)

The purpose of providing for plat and planned development recording procedures is to ensure that the platting and recording of official lots of record and planned unit developments are promulgated according to community standards and the standards of this chapter. Such standards shall provide required lots of adequate size, configuration, and appropriate design for the intended use. Such standards also shall allow for design flexibility and creativity, and shall in the case of planned developments provide for street and utility systems of adequate capacity.

(1)

Plat/plan approval authority. The planning commission shall be the official platting authority.

a.

Platting required. After the date of adoption of this chapter, platting shall be required for the establishment of any lot, parcel, tract, or any new residential, commercial, or industrial site, and, in addition, any person proposing to divide or subdivide land shall submit to the planning commission any plats and plans of any proposed division, subdivision, or planned development which shall conform to any division, subdivision, or planned development requirements set forth in this chapter. Any intended structures proposed to be sited on any platted site shall be sited on same.

b.

Final plat/plan approval required prior to clearing and grading streets. No clearing or grading of any purposed (proposed) streets shall begin prior to approval of a subdivision plat or plan by the planning commission as certified thereon. This prohibition shall extend to any other improvement related to the development of the proposed subdivision or planned development.

c.

Development plans approval required prior to construction of improvements. No subdivision or planned development improvement shall commence prior to the approval of development plans by the planning commission.

d.

Recording of plat required prior to sale of lot. No land owner shall sell or otherwise convey any lot or combination of lots for any purpose whether a single lot or lots in a proposed subdivision or planned development by reference to or exhibition of or by any other use of plat, plan, or such subdivision, until such plat or plan has been given final approval by the planning commission, as certified thereon, and recorded in the office of the clerk of the superior court of McDuffie County.

e.

Submission of "as-built" plans prior to final acceptance by governing body. Final acceptance of improvements in any subdivision or development which vary substantially from approved development plans shall not be given by the planning commission prior to the submission and approval of "as-built" plans and any other technical information which may be required.

f.

Legal status of public street required. No land dedicated as a public street shall be accepted, opened, or improved, nor shall any utilities or other facilities be installed therein unless such street corresponds in its location and lines with a street shown on a plat approved by the planning commission. Streets which shall have been accepted or opened as, or otherwise shall have received the legal status of a public street prior to the adoption of these regulations may be improved, or utilities or other facilities may be installed therein. The governing body, however, may locate and construct or may accept any other street, if the resolution or other measure for such approval is first submitted to the planning commission for its review and comment.

g.

Access to public street required. No building permit shall be issued for and no building or other structure shall be erected on any lot unless such lot has access to a street which shall have been accepted, maintained, or opened, or otherwise shall have received the legal status of, a public street; provided, however, that private streets and other drive accessways may be approved (but not accepted by the county) under the terms of these rules and regulations in planned developments, condominium projects, apartment projects, townhouses, commercial developments, shopping centers, or other developments where it is established that the owner/developer shall maintain ownership and control over such streets, roads, and other improvements.

(2)

Recording of final plat/plan. Upon the approval of a final plat or plan by the planning commission board or development code administrator, the owner, or his agent, shall have the final plat or plan recorded in the office of the clerk of the superior court for the sale of any lot, or lots in a planned development.

No plat shall be changed or modified prior to recording once approval has been received from the planning commission board or development code administrator.

a.

Changes to final plat or plan. During the course of development construction in accordance with an approved final plat or plan, unforeseen circumstances may arise that require a technical change in the final plat or plan specifications. Where the need for such modifications arise during the construction process, the applicant shall request approval of any final plat or plan modifications from the development code administrator prior to final construction. Neither McDuffie County nor any official or body of the county shall assume liability or responsibility for any defects in construction.

b.

Requirement for "as-built" plans and other technical information.

1.

Preparation and specifications. After the preparation of the final plat, and before any improvements are accepted for maintenance by the local government, and before the subdivider or his agent are released from any bond requirement specified herein, the development code administrator shall receive formal written notice that all improvements have been installed as approved. Where said improvements have been installed in such a manner as to substantially vary from the final plat or plan in accordance with a modification approved by the planning commission, the applicant shall prepare and submit to the development code administrator a copy of "as-built" development plans and other technical information which may be needed.

2.

Scale. The "as-built" plans shall be clearly and legibly drawn at a scale of 100 feet to one inch, or the same scale as the final plat.

3.

Sheet size. The "as-built" plans shall be drawn in ink on suitable permanent reproducible material, on sheets 36 inches by 24 inches. If the complete plans cannot be shown on one sheet, it may be shown in sections on more than one sheet with an index map drawn at a reduced scale. In addition, one set shall be submitted in a format of 11″ × 17″ or smaller.

4.

Ground elevations. The "as-built" plans shall show ground elevations, based on the datum plane of the U.S. Coast and Geodetic Survey, with a contour interval of five feet (or less if determined necessary by the development code administrator).

5.

Existing conditions to be shown on "as-built" plans. In such instances where there have been substantial variations from approved development plans, the planning commission shall require each of the following, as applicable, or any additional information required:

(i)

Final profiles of grades for streets.

(ii)

Final plan of sanitary sewers with grade, pipe sizes, and point of discharge.

(iii)

Final plan of storm drainage system with grade, pipe sizes, and location of outlets.

(iv)

Final plan of water supply system with pipe sizes, location of hydrants, and valves.

(v)

A complete listing of the deviations from the approved development plans made by the subdivider.

6.

Certification of improvements prior to acceptance by the governing body. The planning commission and the development code administrator shall not recommend that any subdivision or development improvements be accepted for maintenance by the local government unless they have been installed in accordance with approved development plans or approved "as-built" plans and other technical information which may be required.

(Ord. of 3-23-99, Art. VIII, § 8)

There is the likelihood that there were preexisting, or nonconforming nonresidential uses of land and or structures, in whole or in part, which were, as a practical manner, unable to be accounted for, and would not have been permitted at the time of passage of this chapter. In order to 1) confirm and properly document the existence of these types of structures and uses; 2) monitor their existing activities; 3) to facilitate petitions that may be proposed to accommodate future changes in the use of these properties, and, 4) to mitigate any potential conflict in land use or structures, the board of commissioners may consider a requirement that occupants or owners of all commercial, industrial, home occupation and cottage industry uses obtain from the planning commission a certificate of zoning compliance. This certificate shall carry a fee, to be determined by the board of commissioners to cover administrative costs associated with processing.

(Ord. of 3-23-99, Art. VIII, § 9)