(a)

Types. There are three types of applications which shall represent an opportunity for petitioners to pursue proposed development activities, or to request amendment or relief from the requirements and standards of this chapter. The applications are: Administrative application, board application, and appeal application.

(b)

Preapplication conference. Regardless of application type, a preapplication conference is required and is intended to assist both the county and the applicant in determining what type of review will be required for the proposed development activity. It also provides a means of exchanging information about the application process and how to develop land in conformance with the requirements and standards of this chapter.

(Ord. of 3-23-99, Art. IX, § 1)

(a)

Generally. An administrative application is a request for a minor change or amendment to the code or official zoning map; an amendment to the future land use map; an approval for a planned development, a variance to the dimensional requirements of any zoning district, or any development requiring minor discretionary review. These applications may be approved, disapproved, or otherwise reconciled by the development code administrator, and thus require no action by the planning commission board. Intended activities subject to administrative review include, but are not limited to:

(1)

Construction of a new single-family or two-family residence.

(2)

Additions or alterations to single-family dwellings, and nonresidential structures.

(3)

Construction of accessory buildings.

(4)

Consolidation of lots under single ownership or minor lot line adjustments.

(5)

Minor lot line adjustments.

(6)

Division or subdivision of a parcel or parcels along an existing and maintained county roadway provided such parcels conform to the zoning district requirements.

(7)

Permits to reconstruct a nonconforming use or structure destroyed by a fire or other natural act (as long as the authorization to reconstruct is requested within one year of the destruction).

(8)

Home occupations or cottage industries as uses permitted by right.

(9)

Minor variances in zoning dimensional requirements providing the intent of the dimensional requirements is maintained.

(b)

Submission requirements. The following are specifications which shall be required for the acceptance of complete application packages, based on the type of application submitted. No application shall be deemed complete unless accompanied by full payment of the appropriate application review fee.

(1)

Administrative applications submission requirements. The applicant for an administrative application shall upon request submit to the development code administrator:

a.

A completed application form. No fee is required.

b.

A plat of the subject property.

c.

A development plan drawn to scale showing in sufficient detail all proposed parcels, construction or structural changes, proposed buildings or structures to be added, or minor lot line adjustments whereby the development code administrator can determine compliance with this chapter.

(c)

Review procedures. The development code administrator shall approve, disapprove, or otherwise reconcile development activity. The decision to approve the applicable development activity by the development code administrator shall be made after consideration of all the relevant facts before him/her. Such relevant facts shall be measured to determine compliance with this chapter. The review procedures for an administrative application are as follows:

(1)

Approval. If the proposed development activity as set forth in the application is in compliance with this chapter, a construction or occupancy permit may be issued. Where a minor lot line adjustment may be deemed by the development code administrator as being approved, the adjustment shall then be recorded at the McDuffie County Clerk of the Court office.

(2)

Disapproval. If an administrative application is not approved or otherwise reconciled, the reason for disapproval shall be stated.

(3)

Reconciliation. Any administrative application that has been formally disapproved, or deemed incomplete or deficient by the development code administrator may be resubmitted upon proper reconciliation.

(4)

Review deadline. The development code administrator shall issue a final determination regarding an administrative application within 30 days of the date that the application is formally accepted by the development code administrator (or his/her designated agent) as complete in satisfaction of the applicable submission requirements. Failure by the development code administrator to issue a final determination within the 30-day deadline shall constitute automatic approval of the application only if the applicant receives all other required local, state, and federal approvals.

(Ord. of 3-23-99, Art. IX, § 2)

(a)

Generally. A board application is a request or petition for development activities that require extensive review and a public hearing by the planning commission board. Following consideration by the planning commission board, including any required public hearing, the results of the board's decision shall be forwarded as a recommendation to the McDuffie County Board of Commissioners for final review. Board application activities include, but are not limited to:

(1)

Variances.

(2)

Special exceptions.

(3)

Zoning changes.

(4)

Subdivision/planned development review.

(5)

Changes to the land development code.

(6)

Changes to the future land use map.

(7)

Adult entertainment review.

Note: For multiple applications of any of the above, see subsection (i) of this section]

(b)

Variances. A variance is a request by an applicant to be allowed to deviate from the requirements of the dimensional standards of this chapter. Requests for variances include, but are not limited to, a request for reduced setbacks, reduced road frontage, reduced minimum lot size, reduced number of parking spaces, increased number of structures per lot, handicapped variance, etc.

(1)

Application procedures. Any applicant seeking review of an application for a variance from the dimensional requirements of this chapter shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant may be required to submit additional information as the development code administrator may require including, but not limited to; a plat of the property showing all structures including the dimensions of same; a notation on the plat showing the linear variance requested; a deed of the subject property; and if the owner(s) is not the applicant, a letter of authorization from the owner(s) of the property authorizing the application for the variance.

(2)

Application fee. At the time of application, the applicant shall remit to the office of the planning commission an application fee, for a single property variance request, of $100.00 plus costs for legal notices and the placement of notice signs. Each additional variance request for a separate parcel if contiguous shall be $50.00 plus costs for legal notices and the placement of notice signs.

(3)

Review process. See section 44-184 of this article.

(c)

Special exceptions. Special exceptions are land uses which are subject to the imposition of land use limiting conditions which modify the land use to make it more compatible with the principally permitted uses in one or more zoning districts, but may not be appropriate generally through out the district as a whole, due to their nature, scale, and intensity of use. Such applications are commonly referred to as "conditional use." Examples of typical conditions may be found in section 44-72 of article IV.

(1)

Application procedures. Any applicant seeking review of an application for a special exception shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant may be required to submit additional information as the development code administrator may require including, but not limited to; a scaled development or site plan in a formal not greater than 11″ × 17″ showing the proposed development of the property and its zoning classification; a plat of the property; a deed of the subject property; and if the owner(s) is not the applicant, a letter of authorization from the owner(s) of the property authorizing the application for the special exception. Since special exception uses are uses which are generally accepted uses within the appropriate zoning district, an application for a special exception does not imply the need for, nor shall it constitute in itself, an application for a change in zoning.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $100.00 plus costs for legal notices and the placement of notice signs for a single property special exception request.

(3)

Review process. See section 44-184 of this article.

(d)

Zoning changes/rezoning. Unless initiated by the board of commissioners, or the planning commission (board), all proposed zoning map changes must be submitted by the owner of the subject property or the duly authorized agent of the subject property owner. A duly authorized agent must submit notarized written authorization from the property owner with the request for zoning map amendment.

(1)

Application procedures. Any applicant seeking review of an application for a zoning change shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant may be required to submit additional information as the development code administrator may require including, but not limited to; a scaled development or site plan in a format not greater than 11″ × 17″ showing the proposed development of the property and its zoning classification; a plat of the property not greater than 11″ × 17″; and a deed of the subject property.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $150.00 plus costs for legal notices and the placement of notice signs, for a zoning change request involving up to three contiguous lots or parcels, and, for a change to the same zoning classification. Each additional contiguous lot (for the same zoning classification) thereafter shall be charged an application fee of $75.00. Requests for changes to differing zoning classifications shall each be considered as separate applications even though the lots may be contiguous.

(3)

Review process. See section 44-184 of this article.

(e)

Subdivision/planned development review. An application for subdivision development (with interior streets) or for a planned development/planned unit development is one which requires substantial time for discretionary review and subsequent action requiring not less than one, and possibly two public hearings by the planning commission. A subdivision development along an existing county maintained road or street may be subject to the provisions of this section particularly if the subdivision involves more than ten subdivided lots.

(1)

Application procedures. Any applicant seeking review of an application for a subdivision (with interior streets) or a planned development/planned unit development shall submit a completed application to the development code administrator within 45 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant will generally be required to submit seven copies of a preliminary development plan prepared by either a Registered Georgia Professional Land Surveyor or Engineer and containing at a minimum, the following:

a.

A scale not greater than 1″ = 100′.

b.

A sheet size not greater than 24″ × 36″.

c.

One copy of the development plan formatted to 11″ × 17″.

d.

Title: "Preliminary Development Plan."

e.

Site map, north arrow, date, total acreage.

f.

Name and address of property owners.

g.

Name and address of development designer.

h.

Current and proposed zoning classification.

i.

Name(s) of adjoining property owners.

j.

Boundary line bearings and distances of perimeter boundary.

k.

Layout of all lots including approximate lot dimensions.

l.

Existing easements including width and type.

m.

Existing utilities at site.

n.

Existing streets/roads at site.

o.

Professional soil map of site if not served by municipal sewage.

p.

Contour elevations not greater than five feet.

q.

Boundaries of any areas subject to flooding.

r.

Boundaries of any overlay districts (Usry Pond, etc.).

s.

Layout design of all development improvements including structures, fencing, landscaping, common/recreation areas, parking areas, drains, or crossdrains, utilities, etc.

t.

Design of a typical road cross section.

Upon review by the planning commission board, the board shall specify any amendments to the development plan as it deem necessary to ensure the public health, safety, and general welfare. The applicant shall then amend the plan to incorporate the amendments specified by the board and resubmit the plan to the development code administrator to verify compliance with the board's required amendments. Should the plan be found to be in compliance with the board's required changes, the provisions of this chapter, and in particular the provisions of this article and of article VII (Planned Development Requirements), the administrator may approve the plan whereupon construction of the development may begin.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $250.00 plus cost of legal notices and signs. In the case of a subdivision involving new interior streets, the fee shall be $250.00 plus $10.00 per lot over 25 lots, plus cost of legal notices and signs.

(3)

Review process. See section 44-184 of this article.

(f)

Land development code text changes. An application for a change in the land development code may request an amendment, supplement, or other change only to the text (including tables) of the code.

(1)

Application procedures. Any applicant seeking a review or consideration of a change to the land development code shall submit a completed application to the development code administrator within 45 days of the date of the planning commission board meeting at which such application would be considered. In addition to the application, the applicant shall include a detailed written explanation of those articles, sections, paragraphs, sentences, lists or tables for which they are requesting a review. Such items shall be formatted in a manner as to clearly indicate the current wording followed immediately by the recommended change(s). In addition to the above requirements, the applicant may be required to submit such other documentation or information as is requested by the development code administrator. Such proposed changes shall be forwarded to the county attorney for review.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $100.00 plus cost of legal notices. Should signage and advertising be required, the applicant shall remit the cost of same.

(3)

Review process. See section 44-184 of this article.

(g)

Future land use map changes. Applicants may request a change to the future land use map in order to request or accommodate subsequent changes to the official zoning map. Due to the resulting effects on the McDuffie County Official Zoning Map by changes made to the future land use map, an intensive and thorough review will be made of all requests for such changes.

(1)

Application procedures. Any applicant seeking a review or consideration of a change to the future land use map shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the application, the applicant shall at a minimum include a description of the proposed change(s) in the future land use classification, the specific reasons for requesting the change(s), and a statement of how the requested change(s) will promote the relevant goals, objectives, and policies of the comprehensive plan for the affected area(s).

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $150.00 plus costs for legal notices and the placement of notice signs, for a land use change request involving up to three contiguous lots or parcels, for a change to the same land use classification. Each additional contiguous lot (for the same land use classification) thereafter shall be charged an application fee of $75.00. Requests for changes to differing land use classifications shall each be considered as separate applications even though the lots may be contiguous. Applications of this type may require one or more public hearings.

(3)

Review process. See section 44-184 of this article.

(h)

Adult entertainment review. Even though not specifically incorporated into and made a part of this land development code, the requirements of any adult entertainment ordinance hereafter adopted by McDuffie County shall be reviewed by the planning commission board for compliance with the provisions for the granting of a special exception and any other considerations as may affect the use of land in the county for that purpose.

(1)

Application procedures. In as much as the provisions of this chapter allow an adult entertainment use as a special exception as found under zoning classifications for C-2 and I-2, any application for an adult entertainment special exception shall follow the application procedures as found in subsection (c) of this section.

(2)

Application fees. Same as specified under subsection (c) of this section.

(3)

Review process. See section 44-184 of this article.

(i)

Multiple applications. Should an applicant require a combination or multiple applications of those activities listed under subsection (a) of this section, the requirements for each of the individual applications may be satisfied concurrently without the need for multiple redundant meetings or hearings, provided the combined public notice, hearing, review, and approval process satisfies all applicable requirements specified in the code for each type of application. The fee for a combined application review shall be $375.00 for any two applications, $500.00 for any three applications, and $800.00 for four or more applications; plus the cost of legal notices and signage. For a combination of applications which include a subdivision review, the above cost shall include the first 25 lots after which a charge of $10.00 per lot shall be incurred.

(Ord. of 3-23-99, Art. IX, § 3)

(a)

General provision. Following are the general provision for the review of applications before the planning commission board and board of commissioners. It should be recognized that the review procedures outlined in the following sections will under normal circumstances apply to those applications found in section 44-183(a) of this article, with the exception of subdivision/planned development and adult entertainment reviews since these reviews are created to verify compliance with the provisions of this chapter. However, if, and only if, a variance, zoning change, etc., is initiated by the applicant, or required by the planning commission board regarding either of these two developments, then the board of Commission shall review same.

(b)

Planning commission board. Upon completion of the final review by the planning commission board, the planning commission (office) shall forward to the McDuffie County Board of Commissioners within 30 days a recommendation addressing each application reviewed by the planning commission board.

(c)

Board of commissioners. Upon receipt of a recommendation by the planning commission board, the board of commissioners shall have 45 days in which to review the recommendation at a public meeting. The board of commissioners however shall have the right to "table" their decision until a future meeting. All decisions of the board of commission shall be considered final unless appealed under the provision of section 44-185 of this article.

(Ord. of 3-23-99, Art. IX, § 4)

(a)

Generally. An appeal application is a petition that seeks additional review clarification and/or relief from the application or enforcement of the land development code by the development code administrator, planning commission (office), or the planning commission board or the board of commissioners.

Applications for appeal from the actions of the planning commission (office) or the development code administrator shall be appealed to the planning commission board.

Applications for appeal from the actions of the planning commission board shall be appealed to the board of commissioners.

Applications from appeal from the actions of the board of commissioners shall be appealed to the superior court of McDuffie County. (See subsection (d) of this section)

(b)

Appeal application. The applicant for an appeal application shall submit to the development code administrator:

(1)

In the case of appeals of decisions or actions of the development code administrator where no prior review has been made by the planning commission board, a completed application form and a fee equivalent to the type of issue being addressed under section 44-183 of this article. For example, if the DCA denies an administrative application for a minor variance, the applicant shall be required to submit an application and fee as noted in section 44-183(b) of this article; in this case $100.00 plus costs, since the application will be submitted to the board for full review.

The application fee shall be $50.00 for any application where an application has received a prior review by the planning commission board. Under no circumstances shall an appeal be substituted for any standard application process to the planning commission board.

(2)

In the case of appeals of decisions of the planning commission board to the board of commissioners, a completed application form and a fee of $50.00.

(3)

A plat or plan drawn to scale illustrating in sufficient detail all proposed activities or adjustments whereby the planning commission board or the board of commissioners can determine compliance with this chapter.

(4)

A legal description of the property.

(5)

Any additional information as the development code administrator or the applicant feel would be pertinent to the appeal application.

(c)

Appeal application review procedures. An appeal may be filed with the planning commission board or the board or commissioners by an applicant who is dissatisfied with a final decision of the development code administrator or the planning commission board respectively.

(1)

Review process. Any appeal to a board must be filed within 30 days of the date that the final decision by the development code administrator or the planning commission board was issued. Such review shall be conducted by the appropriate within 30 days of the date of the petition.

(2)

Final action. Either board shall issue a final decision regarding the appeal within 45 days of the date of such appeal. Such final decision shall be recorded in the minutes of the board and shall upon request be provided in writing to the petitioner or appellant. Failure by the board to render a final decision within the 45-day deadline shall constitute automatic approval of the appeal.

(d)

Appeals from board of commissioners. Any person aggrieved of a final decision by the board of commissioners may within 30 days of the rendering of the final decision appeal their decision with the superior court of McDuffie County by petitioning for a writ of certiorari pursuant to Title 5, Article 4 of the O.C.G.A.

(Ord. of 3-23-99, Art. IX, § 5)