The purpose of this subpart is to protect the public health, safety and general welfare by establishing minimum development standards and administrative procedures for insuring compliance with these standards.

(Ord. of 3-27-2003(5), § 1.100; Res. No. 06-47, 3-8-2006)

This subpart is enacted pursuant to the authority contained in Ga. Const. art. IX, § II, ¶ I and art. IX, § II, ¶ III.

(Ord. of 3-27-2003(5), § 1.101; Res. No. 06-47, 3-8-2006)

This subpart shall apply to the unincorporated areas of the county and to any incorporated area electing to adopt this subpart.

(Ord. of 3-27-2003(5), § 1.102; Res. No. 06-47, 3-8-2006)

This subpart shall be known and cited as "the Gilmer County Land Development Ordinance."

(Ord. of 3-27-2003(5), § 1.103; Res. No. 06-47, 3-8-2006)

This subpart shall be interpreted in conjunction with federal, and state rules, regulations and laws, and other county ordinances contained or referenced in this subpart.

(Ord. of 3-27-2003(5), § 1.104; Res. No. 06-47, 3-8-2006)

For the purpose of this article and in order to carry out the provisions and intentions as set forth herein, certain words, terms and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words used in the singular number include the plural, and words in the plural number include the singular; the word "person" includes a firm, partnership, corporation or other legal entity as well as an individual; the term "shall" is always mandatory and not directory; and the word "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied".

(Ord. of 5-13-2004, Art. I; Res. No. 06-47, 3-8-2006)

All definitions herein are now combined with the Gilmer County Land Use Ordinance.

(Ord. of 3-27-2003(5), ch. II; Ord. of 5-13-2004(4), Ch. II; Res. No. 06-47, 3-8-2006)

Note— Other definitions may appear throughout this subpart or other ordinances incorporated in this subpart.

Cross reference— Definitions generally, § 1-3; land development ordinance, ch. 62.

State Law reference— Similar provisions, O.C.G.A. § 12-7-3.

(a)

All property owners, prior to the undertaking of any activity contemplated by the county building code or prior to the location of any mobile home or manufactured housing unit, shall make application for a site approval location permit on the form provided by the county land development office. Such application shall be completed, submitted with the required fee, and approval obtained by all necessary officials, as set out thereon, prior to the issuance of a building permit.

(b)

All property owners who are desirous or intend to undertake any activity contemplated by the county building code shall make application for a building permit on the form provided by the county land development office. Such application shall be completed, submitted with the required fee and approval obtained, prior to the issuance of a building permit.

(c)

All property owners who are desirous or intend to locate a mobile home or manufactured housing unit on their property shall make an application for a mobile home permit on the form provided by the land development office. Such form shall be completed and submitted, along with the required fee, and a mobile home moving permit shall be issued upon approval of the application by the land development office.

(d)

All applications for building permits and mobile home location permits on land, any portion of which is located within a special flood hazard area, as defined in chapter 74, shall comply with the Gilmer County Flood Damage Ordinance (Chapter 74).

(e)

All applications for plat approval pursuant to the subdivision standards in chapter 82, applications for land-disturbing activity pursuant to the soil erosion and sedimentation control provisions in chapter 70, article II,

(f)

All applicants for building permits shall demonstrate compliance with all set-backs and buffers both before and during construction.

(g)

All applications for permits and plats described in the section shall be accompanied by an agriculture acknowledgement completed and executed by the property owner.

(Ord. of 7-27-1995; Res. No. 06-47, 3-8-2006; Res. No. 06-190, §§ a, b, 11-9-2006)

No building permit, land-disturbing permit, or mobile home permit can be issued on any property without the property taxes being current and paid. The county land development office shall confirm with the county tax commissioner that all property taxes are current and paid before issuing any such permit.

(Ord. of 10-28-1993; Res. No. 06-47, 3-8-2006)

No building permit, land-disturbing permit, mobile home permit or any other permit issued by the county planning and zoning office will be issued when the applicant has an outstanding citation or notice of violation that remains unresolved.

(Res. No. 23-167, 12-14-2023)