The Land Development Ordinance and ordinances relating to land development shall be administered by the Gilmer County Planning and Zoning Director and enforced by the Gilmer County Code and Regulatory Enforcement Manager. The Gilmer County Planning and Zoning Director and Gilmer County Code and Regulatory Enforcement Manager shall be appointed by the Gilmer County Board of Commissioners. The director, who may be also hereafter referred to as "development officer" shall coordinate his/her activities with the planning commission, county health department, tax assessor, board of commissioners and all other interested parties.

(Ord. of 3-27-2003(5), § 7.100; Ord of 5-13-2004(4), § 7-100; Res. No. 21-088, Exh., 6-14-2021)

Cross reference— Officers and employees, § 2-91 et seq.

The duties of the development officer shall be as follows:

(1)

Review and coordinate with the planning commission the approval of all subdivision of land as defined in this subpart and O.C.G.A. § 15-6-67.

(2)

Coordinate the review of all soil erosion and sediment control plans, issue land disturbing permits and inspect the on-site erosion control measures.

(3)

Review and issue building permits.

(4)

Review and coordinate with the planning commission the approval of mobile home parks.

(5)

Review and coordinate with the code enforcement and regulatory manager so as to issue noncompliance and stop work orders.

(Ord. of 3-27-2003(5), § 7.101; Res. No. 21-088, Exh., 6-14-2021)

This subpart will be administered through the use of development permits. All of the permits except the septic tank permit will be issued by the development officer. A permit fee, in an amount established by resolution of the board of commissioners, shall be charged to defray the cost the county incurs in administering this subpart. The permits required in the county are as follows:

(1)

Preliminary plat;

(2)

Final plat;

(3)

Land disturbing;

(4)

Work on adjacent to county road;

(5)

Building permit;

(6)

Mobile home park; and

(7)

Septic tank permit.

(Ord. of 3-27-2003(5), § 7.102; Res. No. 21-088, Exh., 6-14-2021)

(a)

The development officer and the code enforcement and regulatory manager shall have the power to enforce the provisions of the Gilmer County Land Development Ordinance [Subpart 2 of this Code]. He/she shall have the authority to issue stop work orders and to cite violators of the ordinance [this subpart] to court.

(b)

The development officer and the code enforcement and regulatory manager shall have the power to conduct investigations as reasonably deemed necessary to carry out his/her duties of enforcing the ordinance [Subpart 2 of this Code], and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the site.

Ord. of 3-27-2003(5), § 7.103; Ord. of 5-13-2004(4), § 7.103; Res. No. 21-088, Exh., 6-14-2021; Res. No. 21-088, Exh., 6-14-2021)

Any person who violates any provision of the Gilmer County Land Development Ordinance, or any permit condition or limitation established pursuant to this subpart shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not to exceed $300.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. Other ordinances incorporated herein may specify other penalties, which will govern over this section.

(Ord. of 3-27-2003(5), § 7.104; Ord. of 5-13-2004(4), § 7.104)

(a)

Any party aggrieved by any decision of the development officer may within 30 days thereafter appeal therefrom to the board of commissioners. The appellant shall furnish the development officer a written notice of appeal specifying the judgment of decision from which appeal is taken.

(b)

A decision by the board of commissioners shall be the final administrative appeal and their decision shall be carried out by the development officer.

(Ord. of 3-27-2003(5), § 7.105)

Any party, aggrieved by a decision or order of the board of commissioners, shall have the right to appeal to the superior court of the county.

(Ord. of 3-27-2003(5), § 7.106)

Neither the approval of a plan under the provisions of this subpart, nor the compliance with the provisions of this subpart shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law or impose any liability upon the county.

(Ord. of 3-27-2003(5), ch. VIII, art. II)

A public hearing shall be held on the adoption of all proposed amendments or variances to this subpart. The notice of the time, date and place of the hearing shall be published in the legal organ within the county. The public hearing must be advertised as required by general law and the state constitution prior to the public hearing.

(Ord. of 3-27-2003(5), ch. VIII, art. III)

The board of commissioners shall have the power to adopt and amend this subpart in accordance with law.

(Ord. of 3-27-2003(5), ch. VIII, art. IV)

The title of this article is the "Land Use Ordinance of Gilmer County, Georgia" and may be also known as Land Use District Ordinance in the Land Use Procedures and Standards Ordinance of Gilmer County, Georgia.

(Res. No. 05-97, Art. 1 § 101, 8-25-2005)

This article shall be applicable to all land, present and future, and development located in the unincorporated area of Gilmer County, Georgia. This is an ordinance of Gilmer County, Georgia, regulating the location, height, bulk and size of buildings and other structures; the use of buildings, structures, and land for business, industry, residence, public activities and other purposes; and for dividing the unincorporated area into districts for such purposes and establishing boundaries therefore; providing for a board of land use appeals, defining its power and duties; the method of administration, amendment and enforcement; prescribing penalties for the violation of its provisions; repealing conflicting resolutions; and other matters.

(Res. No. 05-97, Art. 1 § 102, 8-25-2005)

The purpose of this article is to establish minimum standards for the use of land and improvements thereon in Gilmer County, Georgia. The land use regulations and districts herein established are designed to:

Protect existing developments;

Lessen congestion in the streets;

Secure safety from fire, panic, and other dangers;

Promote health and the general welfare;

Provide adequate light and air;

Prevent overcrowding of the land;

Avoid undue concentration of the population;

Ease the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

Promote desirable living conditions;

Sustain the stability of neighborhoods;

Protect property against blight and depreciation;

Secure economy in government expenditures;

Conserve the value of buildings;

Encourage the most appropriate use of land and structures; and

Improve and protect the overall aesthetics of the community.

The requirements of this article are minimum permissible standards; and it is expected that developers and the respective decision making authority will normally strive for quality developments that will exceed these minimum requirements.

(Res. No. 05-97, Art. 1 § 103, 8-25-2005)

When used in this article the following words and phrases shall have the meaning given in this article. Terms not herein defined shall have their customary dictionary definitions where not inconsistent with the context. The term "shall" is mandatory. When not inconsistent with the context, words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future.

AASHTO: American Association of State Highway Transportation Officials.

Abutting: Having property or district lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting.

Access: The right to cross between public and private property, thereby permitting pedestrians and vehicles to enter and leave property.

Accessory building or use: A building or use which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or use served; contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and is located on the same lot as the principal building or principal use.

Adequate standard county road: A county road serving or will serve R-1, R-2, R-3, R-4, ORL, C-1, and CT-1 land districts that the county public works director and the county road department, in their sole discretion and opinion, finds has a 40-foot right-of-way with a 20-foot surface width and suitable existing surface along with three-foot shoulders. To preserve the rural setting in A-1 districts, the county public works director and the county road department, in their sole discretion and opinion, may find an existing county road serving A-1 land districts as an adequate standard county road in its current condition and right-of-way (whether dedicated, implied or prescriptive).

If the public works director and the road department find that the existing county road is not of adequate standards then they shall advise the developer in writing of the costs and necessary right-of-way acquisitions to improve the road to adequate standards. as costs and expenses determined by the public works director and the road department, which the developer shall remit and assist with the necessary right-of-way acquisitions prior to the creation and approval of the subdivision. If the developer disagrees with the decision of the public works director and the road department, then the developer can appeal that decision by filing a written appeal to the Gilmer County Board of Commissioners within 20 days after the date of the decision.

ADT—Average daily traffic: Count on a road. For residences, use ten ADT per family or home.

Agriculture: The cultivation or growth of a field or horticultural crop, including dairying, livestock and poultry raising, farm forestry, and other similar enterprises or uses.

Agriculture machine shop: A workshop where machines and tools are used for making, finishing, or repairing machines, machine parts, or equipment. For the purpose of this article, no more than five employees shall be allowable in the A-1 district.

Airport: Any area of land, water or mechanical structure which is used for the landing and take-off of aircraft, including any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements.

Alteration: Any change in the supporting members of a building; any modification or change in construction; any addition which increases the area or height; any change in use from that of one district classification to another; or movement of a building from one location to another.

Alternative energy: Energy, exceeding 10kw capacity, generated in ways that do not deplete natural resources or harm the environment, especially by avoiding the use of fossil fuels and nuclear power, including but not limited to, solar, wind power, hydroelectric, biomass and geothermal power.

Amateur radio antenna: Any antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Animal hospital: A service facility operated by a licensed veterinarian specifically for the practice of veterinary medicine.

Automated teller (ATM): A facility, often established as an accessory facility to the principal use, through which certain banking functions such as deposits and withdrawals can be completed without the personal assistance of a bank employee.

Bank, finance, insurance, and real estate establishment: Such uses include but are not limited to banks, savings and loan institutions and credit unions, security and commodity exchanges, insurance agents, brokers, and service, real estate brokers, agents, managers, and developers, trusts, and holding and investment companies.

Base flood 100 year: The flood having a one percent chance of being equaled or exceeded in any given year.

Bed and breakfast home: Any private, owner-occupied residence offering short-term overnight lodging accommodations and breakfast to not more than four guest rooms for compensation.

Bed and breakfast inn: A building, not necessarily owner-occupied, that offers short-term overnight lodging accommodations and breakfast for five or more guest rooms for compensation. Such use has 80 percent of the rooms occupied by a different registered guest every seven days, provides patrons with daily maid service and telephone switchboard service, or equivalent, and shall comply with the applicable requirements of the Gilmer County Health Department and O.C.G.A. § 31-28-1 et seq.

Block: An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake.

Board of land use appeals "BOLUA": The body established by this article composed of or appointed at pleasure by the board of commissioners (BOC) which has original jurisdiction to take action on administrative appeals, variances, and other determinations as herein established.

Boarding house: A building, permanently occupied by the owner or operator, where both lodging and meals, served upon the table family-style with no provision for cooking in any rooms, are provided for persons not of the same family by pre-arrangement for definite periods and for compensation.

Board of commissioners "BOC": The Board of Commissioners of Gilmer County duly elected by the citizens within the jurisdiction as the governing authority of Gilmer County.

Bond: A legal instrument with a clause which establishes a sum of money fixed as a penalty, binding the parties to pay the same; conditioned, however, that the payment of penalty may be avoided by the performance by the parties of certain acts.

Buffer: A landscaped open space and/or screen located between incompatible land uses for the purpose of visibly separating uses through distance and to shield or block noise, light, glare, or visual or other nuisances; that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established for the purpose of screening and separating properties with incompatible land uses, the width of which is measured from the common property line and extending to the developed portion of the property. A buffer consists of trees, shrubs and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Buildable area: The portion of a lot remaining after required yards, buffers and building setbacks have been provided, where construction of principal buildings is permitted.

Building: Any structure, either temporary or permanent, including recreational vehicles, above or below ground, having a roof or other covering, and designed, built, or used as a shelter or enclosure for persons, animals, or property of any kind, including tents, awnings, or vehicles used for purposes of a building. Exempt from this definition are structures measuring 200 square feet or less, not on a permanent structure and not served with electrical power.

Building official: The Land Development Officer of Gilmer County, or his authorized representative.

Building principal: A building or structure in which is conducted the main use of the property on which the building or structure is located. In any residential district, any structure containing a dwelling unit shall be defined to be the principal building on the lot on which said structure is located.

Building line, front: A line, also known as the front setback line, establishing the minimum allowable distance between the main or front wall of a building, including any covered porches, and the street right-of-way or property line when measured perpendicularly thereto. In the case of corner lots or double frontage lots, front yard requirements shall be observed for those areas adjacent to street rights-of-way. When the lot frontage is less than the minimum required lot width, the building line is parallel to the chord of the arc and located where the minimum lot width is obtained measured between the side lot lines.

Business service establishment: A facility engaged in support function to establishments operating for a profit on a fee or contract basis, including but not limited to: advertising agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art and graphic design; personnel supply services and employment agencies, computer and data processing services, detective, protective, and security system services, accounting, auditing, and bookkeeping services, publications and business consulting firms, food catering, interior decorating, and locksmiths.

Campground: Land containing two or more campsites which are located, established or maintained for occupancy by people in short-term overnight lodging units such as camp tents, campers, motor homes, or cabins, yurts or glamping for recreation, education or vacation purposes. Short-term overnight lodging accommodations shall be for a period no longer than 60 days at a time No rental shall be extended to the occupant, a member of the occupant's household or the same recreational vehicle in the following the initial rental period for a subsequent 60 days. Campgrounds must meet current environmental health requirements and the requirements in Article III. - Recreational Vehicle Parks and Campgrounds - section 78-81, et seq.

Carport: An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor vehicles or boats.

Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including a mausoleum and a columbarium, but not including crematories and mortuaries.

Certificate of occupancy: A legal statement or document issued by the building official indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.

Church: An institution that people regularly attend to participate in or hold religious services, meeting, and other purposes, including education, day care, and recreation facilities when owned and operated by such church. Such term shall not include a thrift/clothing store, but may include an adjacent cemetery.

Clinic: A building designed and used for the diagnosis and treatment of patients that does not include overnight care facilities.

Club, lodge, or fraternal organization: A building or facility owned or operated by a group for civic, social, cultural, educational, political, recreational or like activities operated for the benefit of its members and not open to the general public. Excludes clubs which are operated for a profit, shooting clubs, and places of religious worship.

Commercial tree house: A structure offering short-term overnight lodging accommodations built in or around a tree which interacts with, and relies upon, the tree for its support. A treehouse consists of a roofed platform defining a sheltered space which may be fully enclosed for protection from the elements.

Community private wastewater treatment and disposal systems: A form of sewerage disposal that is approved and permitted by the Georgia Environmental Protection Division or any other state or local agency that is empowered to permit such systems. In order to be considered as an approved private sewer service in Gilmer County, each system shall be submitted for consideration and approval by the board of commissioners. Criteria considered for approval shall include but not limited to a business model of the system, the system's design merits, environmental impact aspects, and a performance and/or maintenance bond. Any submitted private sewerage system must demonstrate that such system shall not require expenditures of public funds at any time in the future by the Gilmer County Board of Commissioners or other government agency.

Comprehensive plan: Those coordinated plans or portions thereof which have been adopted by the board of commissioners for the physical development of the jurisdiction; or any plans that designate plans, programs, or policies to encourage the most appropriate use and design of the land in the interest of public health, safety and welfare.

Conditional use: A use which would not be appropriate without restriction throughout a land use district and is not automatically permitted by right within a land use district, but which may be permitted subject to meeting specific conditions (such as controls on number, size, area, location and activities) and after approval by the board of commissioners through the process and standards established by the land use procedures and standards ordinance. Any conditional use permit shall automatically expire 12 months from the date of issuance if the person, firm, or corporation to which the permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued. Any conditional use permit shall automatically expire after 12 months of discontinued use.

Condominium: A building, or group of buildings, containing multiple dwelling units which are owned individually, and the structure, common areas, and facilities are owned by all of the individual owners on a proportional, undivided basis.

Contractor's establishment: An establishment engaged in the provision of construction activities including but not limited to plumbing, electrical work, building, paving, carpentry and other such contracting activities, including the storage of materials and the overnight parking of commercial vehicles.

Convalescent home: See "nursing home".

Convenience store: A small retail store, 5,000 square feet or less, which sells convenience items as its primary sales. A convenience store may include the sale of gasoline and diesel fuel, but such sales shall be accessory to the primary sale of convenience items.

Corner lot: A lot abutting upon two or more streets at their intersection. (A front setback is required on all street frontages.)

County: Means Gilmer County, a political subdivision of the State of Georgia.

Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation.

Day care home: A customary home occupation which provides for six or less children under 18 years of age, who are not residents of the premise; care and supervision is provided by a State of Georgia registered resident adult for less than 24 hours per day on a regular basis for compensation.

Day care center: A building or portion of a building in which care and supervision of children under 18 years of age away from their place of residence for less than 24 hours per day on a regular basis for compensation; serves seven or more persons and is licensed by the State of Georgia.

Density: The maximum number of dwelling units permitted outright per gross acre of land.

Department store: A retail facility which offers the sale of various goods and merchandise and serves a regional market as opposed to a facility serving only neighborhood markets. A department store typically contains at least 40,000 square feet in area and serves as an anchor for smaller retail stores and shops, usually located in a shopping mall or center.

Developer: Any person or entity who subdivides or develops property.

DHR: Georgia Department of Human Resources.

Development: Any manmade change on improved or unimproved real estate including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DOT: Georgia Department of Transportation.

District, land use: A geographical area or areas, designated with the use of symbols and/or colors on the official land use map, wherein uses of land may be restricted in type, density, placement, size, height and other limitations as established in this article.

Double frontage lot: Any lot, other than a corner lot, which has frontage on two streets that do not intersect at a point abutting the property. (A front setback is required on all street frontages.)

Dry cleaning plant: An establishment engaged in providing laundry, dyeing and dry cleaning services on a large scale for institutions, businesses or other such establishments.

Dwelling, apartment: One or more dwelling units under a single ownership, located on one lot of land, occupied by renters.

Dwelling, condominium: An individually owned dwelling unit in an attached detached or multifamily structure, combined with joint ownership of common areas of the buildings and grounds.

Dwelling, duplex: A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof of an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Duplexes shall remain as one unit and under one ownership.

Dwelling, multifamily: A detached residential building containing two or more dwelling units (can include condominiums, apartments, and townhouses, which may be separately defined).

Dwelling, quadplex: A structure on a single lot containing four dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof of an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Quadplexes shall remain as one unit and under one ownership.

Dwelling, security guard: An accessory residence, located inside or in addition to the principal structure or use of a parcel of land, designed or occupied by personnel for security reasons only.

Dwelling, senior: A multi-family dwelling with 80 percent or more of the dwelling units occupied by residents, ages 62 and over or handicapped; or couples where either the husband or wife is 62 years of age or older; does not include convalescent or nursing facilities.

Dwelling, single-family detached: A detached residential building containing only one dwelling unit surrounded by open space. Such term includes conventional site-built homes, manufactured homes, and industrialized homes.

Dwelling, townhouse: One of a series of three or more attached dwelling units on separate lots that are separated from each other by firewalls extending at least from the lowest floor level to the roof.

Dwelling, triplex: A structure on a single lot containing three dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof of an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Triplexes shall remain as one unit and under one ownership.

Dwelling unit: One or more rooms located within a building and forming a single habitable unit with individual permanent bathroom and kitchen facilities and is used or intended to be used for living, sleeping, cooking, and eating purposes of a single-family.

Easements: A grant by a property owner for the use of a strip of land for a specified purpose of including, but not limited to ingress and egress, sanitary sewers, conservation, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.

Environmental compliance structure: Any structure that is required or recommended by a state, federal, or legal agency to achieve or enhance compliance with any water quality requirement or other environmental concern.

Erosion and sedimentation control plan: A plan that depicts a plan to manage the soil erosion and sedimentation of a land-disturbing project as defined by the Georgia Soil and Water Conservation Commissions manual for erosion control, latest edition.

Excavation: See cut.

Existing grade: The vertical location of the existing ground surface prior to cutting or filling.

Family: An individual, or two or more persons occupying a single dwelling unit, appropriately sized in compliance with other applicable codes as one household unit.

Farm: An area of land principally devoted to agriculture.

Farmer's market: See "open air business establishment" or "produce stands."

Farm supply store: An establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies.

Farm winery shall have the meaning set forth and further defined in O.C.G.A. § 3-6-21.1(a)(1).

Fee simple: Ownership of land in which the owner is entitled to the entire property with power of disposition.

Fence: A structural barrier for enclosure, screening or demarcation, presenting a solid face or having openings amongst or between its constituent members; also, a wall separate from or extending from a building.

Filling: The placement of any soil or other material.

Final plat: A drawing or map of a subdivision, meeting all of the requirements of these regulations in such form as required by this chapter and showing, completely and accurately, all legal design and engineering information, and certificates necessary for recording.

Finished grade: The final grade or elevation of the ground surface forming the proposed design.

Flea market: See "open air business establishment."

Flood: An overflow of lands not normally covered by water that results in significant adverse effects in the vicinity.

Flood insurance rate map (FIRM): The official map issued by the Federal Emergency Management Agency ("FEMA").

Floodways: The natural channel and the portion of the floodplain along the channel, which must be retained solely for the passage of floodwaters to prevent an undue increase in flood heights upstream. Water usually travels at a high velocity in the floodway.

Funeral home/mortuary: A building or part thereof used for human funeral services, which may contain space and facilities for: embalming and the performance of other services used in preparation of the dead for burial; performance of autopsies; storage of caskets; and chapel services. Such term does not include a crematorium.

Furniture finishing and repair: An establishment engaged in the stripping, cleaning, painting, staining, sealing, varnishing, or other like refinishing of the wood or metal components of furniture or the replacement or repair of broken or missing portions of a piece of furniture.

Garage: An accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property.

Georgia D.O.T. Standards of Design Manual: Means the State of Georgia Department of Transportation Specification Construction of Roads and Bridges, latest edition.

Glamping: Outdoor camping with amenities and comforts (such as beds, electricity, and access to indoor plumbing) not usually used when camping.

Grading: Altering surfaces to specified elevations, dimensions, and/or slopes, this includes; stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Greenhouse: A building designed or used for growing or propagating plants, with walls or roof usually designed to transmit light. Greenhouses shall not be construed to include commercial horticultural activities.

Greenspace development: A development of a tract of land whereby the minimum lot is reduced as follows. Whereby the lots will be smaller than the prescribed minimum for each zone district, the remaining property not included within lots shall be used for common area, greenspace, conservation easements, or other nonresidential uses that are permitted for residential zone districts, such as golf courses, parks, equestrian areas, gathering places, etc. Property that is covered in water such as a pond, lake or creek or river or wetlands can be used as common area at a percentage of 100 percent of the acreage amount thereof towards the greenspace calculation, provided it is fully accessible by all residents of the community, otherwise, if it is not fully accessible by all residents of the community then it will only be at a percentage of 25 percent of the acreage amount thereof towards the greenspace calculation. All such property not included within lots must be dedicated as road rights-of-way or common area and shall be prohibited from any future development.

Group home: A single-family dwelling, housing persons who are mentally/physically handicapped, elderly, terminally ill, AIDS/HIV victims, Alzheimer's patients, or children and teens with emotional problems, operating as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing the organization and stability of a home environment.

Guest house: A lodging unit for temporary guests as an accessory building. The square foot area of a guest house must be at least a minimum of 500 square feet but may not exceed 50 percent of the heated and finished floor area of the principal building, whichever is greater, and may be used only by family members or guests without payment or consideration. A guest house must, independently of the principal dwelling, meet the minimum acreage requirements for the applicable land use district. For example a guest house located in an R-1 district must be located on a parcel that is a minimum of three acres, one and one-half acres for the principal dwelling and one and one-half acres for the guest house.

Halfway house: A residence for individuals after release from institutionalization (as for mental disorder, drug addiction, or criminal activity) that is designed to provide services that include room, meals, supervision, rehabilitation, and counseling to enable residents to move back into society and live independently. The term "halfway house" does not include, and shall not be interpreted to include, a rehabilitation center. In compliance with O.C.G.A. § 36-66-4, any halfway house location or relocation of halfway house use shall require a public hearing at least six months and not more than nine months prior to the date of final action on any land use decision (i.e. changing land use districts from one district to another or conditional use review). The sign posted on the subject property and the published advertisement shall contain a prominent statement that the proposed land use decision relates to or will relocate a halfway house. 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, with the latter posted and published notices appearing at least 15 days and not more than 45 days prior to the date of this public hearing. The above public hearing is in addition to the public hearing that may be required nearest to making a land use decision per the requirements of the Land Use Procedures and Standards Ordinance of Gilmer County, Georgia.

Height, building: The vertical distance measured from the highest adjacent grade where the foundation projects from the ground to the highest point of the roof.

Heliport: An area, either at ground level or elevated on a structure, licensed or approved for the landing and take off of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Home occupation: An occupation, profession, or trade customarily carried on by an occupant in a dwelling unit as a secondary use which is clearly incidental to the dwelling unit for residential purposes. The occupation is carried on wholly with the principal building which does not include the garage and other accessory structures; not more than 20 percent of the floor area of the principal building is used for the conduct of the home occupation; there is no alteration of the residential character of the building or premises; and only one unlighted sign shall be allowed on the premise, not exceeding one square foot in size and located 20 or more feet from any property line or outside the existing public street or right-of-way, whichever is greater.

Hospital: An institution providing health services, for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patients department, training facilities, central service facilities and staff offices.

Hospice: See "group home."

Hotel: A building offering overnight sleeping accommodations for travelers; ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. Such use has 80 percent of the rooms occupied by a different registered guest every five days, provides patrons with daily maid service and a telephone switchboard service to receive incoming/outgoing messages, and shall comply with the applicable requirements of the Gilmer County Health Department and O.C.G.A. § 31-28-1 et seq., and may provide additional services such as restaurants, retail gift shops, meeting rooms, swimming pools, and exercise facilities.

Individual sewage disposal system: Means an "On-site Sewage Management System" which means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department.

Industrialized home: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act", Georgia Law 1982 pp. 1637-1643 (Official Code of Georgia Annotated, Title 8, Chapter 2, Article 2, Part 1).

Issuing authority: The governing authority of Gilmer County, which has been certified, by the Director of the Environmental Protection Division of the Department of Natural Resources as an issuing authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended.

Junk/salvage yard: Any property involving the abandonment, parking, storage or disassembly of junked or inoperable vehicles or junked machinery, the abandonment, storage, sale, or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and/or other old household appliances, used brick, wood, or other building/structural materials, used paper, rags or other scrap materials.

Kennel: A facility where dogs, cats, or other household pet are kept for the purpose of sale, care, breeding, training, or overnight boarding and such activities are conducted as a business.

Laboratory, research: A place devoted to experimental study, such as testing and analyzing, but not including the manufacturing of a product or products.

Land development officer ("LDO"): The officer or his authorized representative, hereby designated as the LDO, authorized to administer the Gilmer County Land Use Ordinance.

Land-disturbing activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land.

Landfill, inert: A disposal site as defined by the State of Georgia Department of Natural Resources Environmental Protection Division Rules in Chapter 391-3-4 "Solid Waste Management."

Landfill, sanitary: A disposal site using approved engineering methods to dispose of putrescible wastes on land by spreading them in thin layers, compacting them to the smallest practical volume, placing an earthen cover thereon, and such other measures as are necessary to protect human health and the environment. Such use is not an allowable, conditional or permitted use in Gilmer County.

Landscape strip: That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space, the width of which is measured from a given property line and extending to the developed portion of the property line. A landscape strip, as distinguished from a buffer, may be disturbed by grading or side development but shall be maintained as landscaped open space. A landscape strip may consist of grass lawns, decorative planting, berms, walls, fences or other approved features designed and arranged to produce an aesthetically pleasing effect within and outside of the development.

Livestock, general: Cattle, horses, goats, sheep, swine, llamas, donkey, mules, poultry, ducks, geese, emus, ostriches, and other fowl, rabbits, mink, foxes and other fur or hide-bearing animals customarily bred or raised in captivity for the harvesting of their skins or meat, whether owned or kept for pleasure, utility, or sale.

Livestock hobby: A maximum of six hens (caged and enclosed), four miniature or boer goats, four sheep, or any combination of four of the foregoing. kept on a premise in a noncommercial setting. This definition does not include domesticated pets such as dogs or cats or rabbits in a noncommercial setting. A conditional use of hobby livestock is granted by this section to any tract of land that was zoned R-1 and where such use was either in existence or was permitted by covenants and restrictions which were in place on or before January 1, 2006.

Livestock operations, intensive: Any area of land or building, pen or corral, sheds or fenced fields wherein livestock are maintained in close quarters for feeding, breeding, raising, or holding and the area is specifically designed as a confinement area where manure may accumulate at one location. All such operations are required to follow recognized best management practices. Such areas are further defined if the following minimum number of animals occurs at one location: 50 horses; 75 dairy cows; 100 beef cattle; 250 swine (larger than 55 pounds); 1,000 sheep/goats; 1,000 nursery swine; 5,500 turkeys; 1,000 ostriches/emus; 500 ducks/geese; and 10,000 chickens. Even if the actual number of animals at one location falls below that of the minimum defined herein, an area can still be considered and defined as an intensive livestock operations depending on a variety of circumstances including but not limited to, gross acreage, acreage actually used in the intensive livestock operations, total actual number of animals therein, amount of manure produced, and other pollutants created.

Loading and unloading space: A space, typically with dimensions of 12 feet by 60 feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading, scaled to delivery vehicles to be used, and accessible to such vehicles.

Lodging house: A fraternity house, sorority house, dormitory, or other such building designed and occupied, with or without separate kitchen or housekeeping facilities for each unit and does not include motels, hotels, rooming houses, or boarding houses.

Lot: A parcel of land occupied or capable of being occupied for a use, by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same, and having principal frontage on a public street; a developed or undeveloped tract of land in one ownership legally transferable as a single unit of land. A lot that is divided by a fee simple road must contain sufficient acreage on both sides of the road to independently meet the district requirements in which the property lies.

Lot area: The total horizontal area within the lot lines of a lot, exclusive of public street rights-of-way.

Lot depth: The mean horizontal distance from the front lot line to the rear lot line.

Lot line, front: The lot line separating a lot from a public or private street right-of-way.

Lot line, rear: The lot line opposite the front lot line.

Lot of record: A lot which is part of a subdivision recorded in the superior court clerk's office, or a lot described by metes and bounds, the description of which has been recorded in the superior court clerk's office prior to the date of passage of this section.

Lot width: The width of a lot at the front building setback line measured at right angles to the centerline of its depth.

Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor.

Manufactured home: See definition in mobile home ordinance.

Manufactured home park: See definition in mobile home ordinance.

Manufactured home space: A site within a manufactured home park sized for the placement of a single manufactured home and exclusive use of its occupants.

Marina: A facility for storing, servicing, fueling and securing and launching of boats and other private pleasure craft.

Minimum floor elevation: The lowest elevation permissible for the construction, erection, or other placement of any floor including a basement floor.

Minimum floor elevation: The lowest elevation permissible for the construction, erection, or other placement of any floor including a basement floor.

Mini-warehouse: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized stalls or lockers used for storage, including accessory office and/or night watchman's residence, but not including retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use.

Mobile home: See definition in mobile home ordinance.

Modular home: See "industrialized home."

Motel: A permanent building or group of permanent buildings in which overnight sleeping accommodations are provided for travelers and having a parking space near or adjacent to the entrance of the room. Such use has 80 percent of the rooms occupied by a different registered guest every five days, provides patrons with daily maid service, 24 hour desk/counter clerk service, and a telephone switchboard service to receive incoming/outgoing messages, and shall comply with the applicable requirements of the Gilmer County Health Department and O.C.G.A. § 31-28-1 et seq., and may provide additional services such as restaurants, retail gift shops, meeting rooms, swimming pools, and exercise facilities.

Motor vehicle sales and service establishment: New and used automobile, truck, tractor, trailer, boat, recreational vehicle, camper, motorcycle, and other motorized vehicle sales, leasing, rental, and service, including portable, manufactured home and industrialized building sales, and agricultural implement and equipment. This definition includes automotive services such a rental facilities, general mechanical work, body, paint, glass, transmission, and tire repair shops, car washes, including automated and staffed facilities, and oil change and lubrication facilities.

Motorsports facility: Land, buildings, air and structures for the purpose of racing automobiles, motorcycles, boats and other watercraft, remote-controlled and other motorized vehicles and racing, including advanced driver training and vehicle testing, on a drag strip, racing circuit, sports car track, skidpad, off-road course and other uses and facilities customarily incidental to motor vehicle racing.

MUTCD: Manual of Uniform Traffic Control Devices.

Natural ground surface: The ground surface in its original state before any grading, excavation or filling.

Nonconforming lot: A lot, the area, width, and other characteristics of which, at the effective date of this article or the effective date of subsequent amendments to this article, were in compliance with all existing legal requirements and which, under this article or subsequent amendments to this article, no longer conforms to the lot requirements of the land use district in which the lot is located. Such lots can also be deemed "a lot of record."

Nonconforming structure: Any building or structure, the location, size, height and other characteristics of which, at the effective date of this article or the effective date of subsequent amendments to this article, were in compliance with all existing legal requirements and which, under this article or subsequent amendments to this article, no longer conforms to the regulations governing the bulk, location, height or size of buildings or structures permitted in the district in which the building or structure is located.

Nonconforming use: A use of land or a building which, at the effective date of this article or the effective date of subsequent amendments to this article, was in compliance with all existing legal requirements and which, under this article or subsequent amendments to this article, no longer conforms with the permitted use provisions established for the district in which the building or land is located.

Nursing home: Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and professional nursing care for compensation by medical referral only. Nursing services shall be those services which may be rendered by a person licensed under the Nurse Practice Act (O.C.G.A. 43-26-1 et seq.). Hospitals and mental health institutions are not included in this definition.

O.C.G.A.: Official Code of Georgia Annotated.

Office: A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations and not involving retail sales or service of any kind on the premises.

Open air business establishment: Any commercial establishment with the principal use of displaying products in an area exposed to open air on three or more sides, including but not limited to rock yards, nurseries and garden supply stores, lumber and building materials yards, statuaries and monument sales establishments, and firewood sales lots, liquid petroleum dealers and tank sales. A produce stand is not considered to be an open-air business.

Ordinance: This land use ordinance and all amendments thereto including the official Gilmer County Land Use Map.

Outdoor storage: The keeping of personal or business property or motor vehicles in a required open parking space or any other area outside of a building for a period of time exceeding 24 hours. Such use can be a principal use or subordinate to another principal use.

Parking lot: Any public or private open area used for the express purpose of temporary storage of private motor vehicles. A parking lot may be the principal use on a given lot or an accessory use to the principal use on a given lot.

Parking space: An area having typical dimensions of not less than nine feet by 20 feet and 300 square feet including maneuvering space within a parking lot, to be used exclusively as a temporary storage space for a motor vehicle.

Percentage of grade: Slope as measured by the rate of change in distance vertically (up and down) from the horizontal in feet for each 100 feet of horizontal distance.

Permit: The authorization necessary to begin an activity under the provisions of this chapter.

Permitted use: A use by right which is specifically authorized in a particular land use district.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity.

Personal care home: An intermediate care facility licensed or approved to provide full-time assistance as necessary, including, but not limited to rooms, meals, and attention to personal needs, to non-family ambulatory individuals who, by reason of advanced age or infirmity, are unable to care completely for themselves, but who remain largely self-sufficient. Synonymous with assisted living home/facility.

Personal service establishment: A facility engaged in the provision of services to persons and their apparel, including but not limited to barber/beauty shops, tattoo/body piercing parlors, tanning studios, massage parlors, coin-operated and full service laundries and dry cleaners, photographic studios, shoe repair and shoe shine shops, dance studios, school, and halls, and travel agencies.

Planning commission: The Gilmer County Planning Commission.

Plat: A map of lands meeting requirements of O.C.G.A. § 15-6-67, except preliminary subdivision plats.

Pre-application review: An initial and informal stage of subdivision review at which the developer may make known preliminary plan proposals and the county may respond and advise the developer concerning the subdivision regulations.

Private street: A street over which the general public has no right of use. Right-of-way from a landowner to a certain individual or individuals and the use of which can be or is controlled by the parties to the right-of-way.

Produce stands: A structure, often more temporary than permanent, which is used solely for the display or sale of farm products and adequate parking and sight distances are maintained and observed in the actual location of the structure.

Protective covenants: Contracts made between private parties or conditions recorded with an approved plat and running with the land, specifying the manner in which land may be used, developed, or improved with the view to protecting and preserving the physical and economic integrity of any given area.

Public building/use: Any building, structure or use owned and/or operated by any government which is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, police and fire stations, public health facilities and hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage storage, intake, collection and treatment and pumping facilities, public housing facilities, jails and correctional centers, and solid waste transfer facilities.

Public street or road: A roadway that has been used by the public and is not owned by the county nor maintained by the county.

Recreational facility, indoor: A use that takes place within an enclosed building that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: assembly halls, auditoriums, meeting halls, art galleries and museums, billiard halls and pool rooms, amusement halls, game/video arcades, ice and roller skating rinks, bowling alleys, fully-enclosed theaters, physical fitness centers and health clubs, and indoor shooting ranges.

Recreational facility, outdoor (small): A use of land and/or buildings that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: amphitheaters, golf driving ranges, miniature golf courses, batting cages, trout ponds, botanical and zoological gardens, ultra-light flight parks, and bungee jumping.

Recreational facility, outdoor (large): A use of land and/or buildings that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: stadiums, circuses and carnivals, drive-in theaters, fairgrounds, race tracks for animals, firearms/archery shooting ranges, and equestrian centers and horse and pony riding rinks.

Recreational vehicle: A vehicular-type, mobile structure which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping, and travel uses. Recreational vehicles shall not be used for permanent residency in any of the land districts within the unincorporated areas of Gilmer County.

Recreational vehicle (RV) park: Any lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy on a temporary basis by recreational vehicles of the general public as temporary living quarters by campers, vacationers or travelers.

Recycling collection center: A principal or accessory use that serves as a neighborhood or regional drop-off point for temporary storage of recoverable resources such as cans, bottles and newspapers, but specifically excluding processing of such resources.

Recycling plant: A facility in which recoverable resources such as cans, bottles and newspapers are recycled, reprocessed and treated to return such products to a condition in which they may again be used in packaging or for production.

Rehabilitation center: Facilities authorized or licensed by appropriate agencies for the primary purpose of rehabilitation of: offenders against the law; persons with drug or alcohol abuse problems; mentally handicapped; and physically handicapped.

Reserve strip: A strip or parcel of land along, around, or between properties, the purpose of which is to restrict access.

Residential mixed use development: This activity is intended to provide for the development of large tracts of land as planned communities, creating a mix of a single-family residential, multifamily residential. Density will be based on current zoning regulations while keeping the natural environment and compatibility with surrounding land uses.

Restaurant: Any place or premises used for sale, dispensing or service of food, refreshment or beverages.

Restaurant, drive-in: Any place or premises used for sale, dispensing or service of food, refreshment or beverage to person(s) in motor vehicles, including those establishments where customers may eat or drink on the premises.

Retail trade establishment, enclosed: Any business offering goods and products for sale to the public, which may include the incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. These include but are not limited to the following: convenience stores including the sale of gasoline, hardware, paint, glass and wallpaper stores, grocery and miscellaneous food stores including retail bakeries, apparel, shoe, and accessory clothing stores, furniture, upholstery, floor covering, household appliance and home furnishing stores, musical instrument stores, radio, television, and computer stores, record, tape, and compact disc stores, eating and drinking establishments, drug stores, apothecaries and proprietary stores, liquor stores and bottle shops, used merchandise stores and pawn shops, sporting goods stores and bicycle shops, art and stationery stores, hobby, toy, and game shops, jewelry, gift, novelty, souvenir and antique shops, camera and photographic supply stores, luggage and leather goods stores, sewing, needlework, and piece goods stores, catalogue and mail order stores, news stands, florists, tobacco shops, automotive parts stores not involving repair, video rental and sales stores, and watch and clock sales and repair shops.

Right-of-way: A strip of land designated, reserved, dedicated, or purchased for the purpose of pedestrian or vehicular access or utility 1ine installation.

Roadway: The actual road surface including necessary road shoulders and drainage facilities, including ditches and curbing and guttering, which is utilized to transport motor vehicles.

Rooming house: A dwelling, permanently occupied by the owner or operator, where only sleeping accommodation is provided for multiple permanent occupants not of the same family by prearrangement for definite periods and for compensation and which makes no provision for cooking in any of the occupied rooms.

Satellite dish antenna: An accessory structure that is a round, parabolic antenna intended to receive signals from orbiting satellites and other sources.

School: A facility that provides a curriculum of elementary and secondary academic instruction. A school is considered public if operated by the county board of education.

School; trade, technical or business: An establishment in which is offered, for compensation, instruction in a trade, craft, technical field, or business skills.

Sediment: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity; the product of erosion.

Semi-public building/use: Any building, structure or use owned and/or operated by or as a utilities company which is reasonably necessary for the furnishing of adequate service by such utility, such as, but not limited to, the following: underground or overhead gas, electrical, television and communication distribution or transmission lines or systems; electric power substations, wires, towers, cables, and poles. Notwithstanding anything herein to the contrary, the set-backs for property that is for semi-public use shall be 15 feet from all property lines.

Service station: Any building, structure or land used for the retail sale of motor vehicle fuel, oil, accessories, and minor motor vehicle servicing, except that major repairs, body repairs, and painting of motor vehicles shall not be considered motor vehicle servicing.

Setback: The minimum perpendicular/horizontal distance that any new accessory building, building or structure must be located from the applicable property line. Where lots are platted to the centerline of a road, the setback shall be measured from the express, implied or prescriptive easement or right-of-way. The setback shall be measured from the vertical member closest to the measurement line, exempting up to a standard 18-inch roof overhang.

Shopping center: A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking, loading, ingress/egress, and perhaps marketing, shared by the establishments on the property.

Site plan: A graphic illustration, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a lot or tract and the location of all buildings, structures, uses and principal site development features proposed for a specific lot or tract of land.

Slaughterhouse: An establishment where animals are killed butchered and prepared for further processing.

Slope: Degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90 degree slope being vertical (maximum) and 45 degree being a 1:1 or 100 percent slope.

Stabilization: The process of establishing an enduring soil cover of vegetation and mulch or other ground cover and in combination with installing temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

Street: A roadway used for vehicular traffic.

Structural alterations: Any change in the supporting members of a building such as bearing walls or bearing partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structural practices: Soil and water conservation measures, other than vegetation, utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Including but not limited to rip-rap, sediment basins, dikes, level spreaders, waterways or cutlets, diversions, grade stabilization structures, sediment traps, land grading, etc.

Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground, not including utility poles.

Subdivider: See "developer".

Subdivision: A subdivision is defined as the division of a single parcel, as identified by the county board of tax assessor's records, of land into two or more parcels. All subdivisions of land in the county shall comply with the applicable provisions of this chapter. The subdivision approval process and submission requirements vary with the magnitude of the subdivision. All minor subdivision plats shall comply with the requirements for minor subdivisions. All major subdivisions plats shall comply with the requirements for major subdivisions. A plat depicting a single new lot may be exempt from the requirements for minor or major subdivisions under either one of two possible exemptions. The first possible exemption, a legacy exemption, shall apply to divisions of a parent parcel occurring no more than once per calendar year on any established and existing constructed road or easement or legal access to said road or easement and transferred to descendants, either lineal or collateral, of the property owner for non-resale for a period of one calendar year. The plat shall have included on it a statement from the surveyor certifying that this exemption applies, a statement from the county tax assessor's office certifying that the division meets the requirements of this exemption and a statement from code enforcement that the sight distances and other applicable requirements meet the Gilmer County Land Development Ordinance. The second possible exemption, a sale or transfer exemption, shall apply to divisions of a parent parcel occurring no more than once every three years on any established and existing constructed road or easement or legal access to said road or easement where the property owner is deeding or selling the divided parcel to a third party. The plat shall have included on it a statement from the surveyor certifying that this exemption applies, a statement from the county tax assessor's office certifying that the division meets the requirements of this exemption and a statement from code enforcement that the sight distances and other applicable requirements meet the Gilmer County Land Development Ordinance. Any subsequent division not falling within one of two of these exception shall be considered a subdivision and must comply with either the minor or major subdivision requirements, whichever applies. Variance is granted where division of property is due to inheritance or court orders; however, each division of property must still meet the minimum acreage requirements of the land district in which the property lies. Any plat of such division shall plainly describe the name of the estate and/or court case number. All plats that create any new lots must be approved by the county environmental health division prior to approval for recording by the county planning commission. Plats that are exempt from the approval process under provisions in O.C.G.A. § 15-6-67(d) shall not be subject to approval by the planning commission for recording. However, a plat recorded under the statutory exemption shall not be considered to be approved by the county.

Subdivision, minor: A minor subdivision is a division of a tract into three or up to ten tracts of land and meeting the following requirements: A redivision of lots within an existing subdivision that creates any net increase in number of lots and that requires no new road construction or extension of water or sewer lines shall be considered a minor subdivision.

(1)

All lots must be accessed by either an adequate standard county road or state road or by an existing privately maintained road or driveway that is served by an adequate standard county road or state road. For a privately maintained road to qualify for minor subdivision consideration, either a bona fide property owner's association must be in place or must be created, or sufficient proof of a satisfactory road maintenance mechanism must be provided.

(2)

No road construction or other significant improvements or land disturbance is needed to create the proposed lots.

(3)

The minor subdivision plat shall bear all applicable certificates and meet all of the requirements of a final subdivision plat as defined in this chapter. No preliminary subdivision plat shall be required for minor subdivisions.

(4)

The existing road shall meet the requirements of the appropriate road class.

Subdivision, major: A major subdivision is a division of a tract into two or more tracts of land served by an adequate standard county road or state road and does not meet the criteria above to qualify as a minor subdivision. Most typical subdivisions will be considered major subdivisions. Any subdivision that requires road construction or the extension of water or sewer lines is a major subdivision. A major subdivision must meet all of the requirements for preliminary and final subdivision plats.

Tasting room shall have the meaning set forth and further defined in O.C.G.A. § 3-6-21.1(a)(3).

Townhouse: One of a group of three or more attached dwelling units, wherein each dwelling unit and lot area, is under fee simple ownership.

Traffic study: A study conducted by the Gilmer County Public Works Director in accordance with the latest edition of the GDOT Design Traffic Forecasting Manual.

Truck stop: An area principally devoted to the service, refueling, temporary storage or parking of trucks, including accessory buildings, structures and uses such as restaurants.

Truck terminal: An area where cargo is stored for routing or reshipment and where trucks load and unload cargo on a regular basis, or an area in which semi-trailers and/or trucks are parked and stored.

Use: Any purpose for which a building or structure or a tract of land may be designed, arranged, maintained, or occupied; or any activity, occupation, business, or operation carried on in a building or structure or on a tract of land.

Variance: An individual or isolated exception to the strict terms of a lot, structure, use or other restriction or requirement established by this article as applied to specific property which may be granted by the board of land use appeals upon showing that established criteria for such variance review have been met.

Vegetative practices: Measures for the stabilization of erosive or sediment producing areas by covering the soil with:

(1)

Permanent seeding, sprigging, or planting producing long-term vegetative cover, or

(2)

Short-term seeding, producing temporary vegetative cover, or

(3)

Sodding, covering areas with a turf of perennial sod-forming grass.

Warehouse: A building or group of buildings for the storage of goods or wares, with access to contents only through management personnel.

Watercourse: Any natural or artificial watercourse, stream, river, creek channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wedding and events facility: A use of land and/or buildings where scheduled events and gatherings take place that are normally one-time events for organizations or people including, weddings, birthday parties, graduation parties, religious milestone celebrations, holiday parties, private parties, corporate meetings and the like (may have large open rooms or banquet halls, which may have live or recorded music or entertainment, and which may have freshly prepared or catered food and beverage). No parking shall occur in or along the roads serving as public access to the facility.

Well house: A building or use for the purpose of enclosing a well and its apparatus which is subordinate to and serves a principal building(s) or principal use; is subordinate in area, extent, or purpose to the principal building(s) or use served.

Wetlands: Land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil or on its surface.

Wholesale trade/distribution: An establishment engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers.

Wrecked motor vehicle compound: An area used to store disabled motor vehicles until such time as their disposition (either by junk, salvage or repair) has been determined by the insurance company, the owner of the vehicle, or his legal representative.

Yard: A space on the same lot with a principal building, which is open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. A yard may contain a parking and/or loading area unless otherwise specified by this article.

Yard, front: A space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a corner lot, both spaces with street frontage shall be considered front yards. In the case of double frontage lots, the spaces as defined above shall both be considered front yards.

Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the principal building projected to the side lines of the lot.

Yard side: A space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.

Yurt: A "portable, wood lattice-framed dwelling structure covered by material such as felt or canvas."

Zoning administrator: The person appointed by the board of commissioners to administer the aspects of this chapter which pertain to zoning.

Other definitions which are contained in the Code of Ordinances of Gilmer County, Georgia are incorporated herein by reference.

(Res. No. 05-97, Art. 2 § 201, 8-25-2005; Res. No. 06-48, §§ 1—4, 3-8-2006; Res. No. 06-182, § 1, 10-26-2006; Res. No. 10-006, 1-28-2010; Res. No. 15-149, 12-10-2015; Ord. No. 16-164, 12-8-2016; Res. No. 17-023, 3-9-2017; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

For the purpose of this article Gilmer County is hereby divided into land use districts as set out below:

(Res. No. 05-97, Art. 3 § 301, 8-25-2005; Res. No. 06-48, § 5, 3-8-2006; Ord. No. 16-164, 12-8-2016; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023)

The location and boundaries of the above listed districts are hereby established as shown on a map entitled "Official Land Use Map of Gilmer County, Georgia." Said Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article. The official land use map shall be identified by the signature of the chairman of the BOC, attested by the county clerk, and bear the seal of the county or that of a notary public under the following words: "This is to certify that this is the Official Land Use Map referred to in Article Three of the Land Use Ordinance, Gilmer County, Georgia", together with the date of the adoption of the ordinance.

If, in accordance with the provisions of this article and the applicable laws of the State of Georgia, changes are made in boundaries or other matter portrayed on the official land use map, such changes shall be entered on the official land use map as soon as practicable after the amendment has been approved by the BOC, with appropriate entry or indication of such amendment on the official land use map. No changes of any nature shall be made in the official land use map or the matters shown thereon except in conformity with the procedures set forth in the Land Use Procedures and Standards Ordinance of Gilmer County. (See Appendix. [Article III]) Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this article. Regardless of the existence of purported copies of the official land use map which may from time to time be made or published, the official land use map shall be located in the Office of the Gilmer County Planning Commission and shall be the final authority as to the current land use status of land and water areas, buildings, and other structures in unincorporated Gilmer County.

(Res. No. 05-97, Art. 3 § 302, 8-25-2005)

(a)

Where boundaries are indicated as approximately following the centerline of streets or highways, street right-of-way lines or railroad right-of-way lines or such lines extended, such centerline, street right-of-way lines, or railroad right-of-way lines shall be construed to be such boundaries.

(b)

Where boundaries are indicated as approximately following property lines or such lines extended, such property lines or such lines extended, as indicated by boundary survey, deed or legal description maintained in the official file of said land use district adoption or amendment, if available, shall be construed to be such boundaries.

(c)

Where boundaries are indicated as approximately following the centerline of stream beds or river beds or the top of ridges, such lines shall be construed to be such boundaries.

(d)

In the case where the exact location of a boundary cannot be determined by the foregoing methods, the boundary shall be determined by the use of the distance scale found on the map.

(Res. No. 05-97, Art. 3 § 303, 8-25-2005)

A boundary line as appearing on the official land use map can divide a lot in single ownership where the lot contains more than one actual principal use. Such actual uses may be delineated and assigned land use districts consistent with such uses within the parcel. The existence of principal uses and the area assigned to such uses shall be based upon objective physical evidence of separate uses upon the parcel. Disputes regarding actual principal uses or the location of boundaries regarding this matter shall be resolved pursuant to the procedures set forth in the Gilmer County Land Use Procedures and Standards Ordinance.

(Res. No. 05-97, Art. 3 § 304, 8-25-2005)

Where a public street, or other right-of-way is officially vacated or abandoned, the land use district and regulations applicable to the property to which it reverted, shall apply to such vacated or abandoned public street, or right-of-way.

(Res. No. 05-97, Art. 3 § 305, 8-25-2005)

In the event that property is de-annexed from a municipality or a municipality loses its status, a three-month moratorium shall be placed on all building permits for all properties affected.

(Ord. No. 16-164, 12-8-2016)

Within the districts established by this article, there may exist certain incompatible lots, buildings, structures, and uses of land which were lawful before this article was adopted but which would be prohibited, regulated or restricted under the terms of this article or future amendments.

(Res. No. 05-97, Art. 4 § 401, 8-25-2005)

In any district, a single-family dwelling or any other permitted use and customary accessory buildings may be erected on any single lot of record existing at the effective date of adoption or amendment of this article, even though such lot fails to meet the requirements for area or width, or both, applicable to the particular district involved. Within the limitations of such substandard lot, building construction shall conform to yard, parking, and other requirements for the district in which the lot is located.

(Res. No. 05-97, Art. 4 § 402, 8-25-2005)

The lawful use of any building, structure, or land existing at the time of enactment of this article may be continued, subject to the limitations of section 62-94, even though such use does not conform with the provisions of this article, except that the use of a principal building, structure or land containing a nonconforming use shall not be:

(1)

Changed to another nonconforming use;

(2)

Expanded, enlarged or extended within the lot, unless such use is changed to a use permitted in the district in which such use is located; provided that this limitation shall not apply to agricultural uses;

(3)

Moved in whole or in part to any other portion of the lot occupied by such use, except in conformity with this article; provided that this limitation shall not apply to agricultural uses.

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure, or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official. In the event that any nonconforming building is destroyed by fire or other natural occurrence, such building may be reconstructed or replaced at the same size and location potentially in conflict with currently adopted requirements of this article.

(Res. No. 05-97, Art. 4 § 403, 8-25-2005)

Land or structures subject to a "grand fathered" or otherwise authorized nonconforming use shall, at the option of a new owner or transferee, either: a) retain its authorized nonconforming use, or b) revert to a use specifically permitted in the zoned district.

In the event that a nonconforming use is discontinued for a period of 2 months, any new use established thereafter shall be in conformance with the uses allowed in the current and applicable land use district.

If a nonconforming structure is either damaged or destroyed it will be allowed to continue so long as a claim is timely filed with an insurance company covering hazard insurance for the nonconforming structure and proof thereof is submitted to the Gilmer County Director of Planning and Zoning and so long as substantial (more than 50%) construction or repairs have been made to the nonconforming structure within 24 months of the claim being approved.

(Res. No. 05-97, Art. 4 § 404, 8-25-2005; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

A nonconforming building which contains a conforming use may be expanded, enlarged or extended, provided that any such additions meet the applicable yard and building setbacks, and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within which such building is located.

(Res. No. 05-97, Art. 4 § 405, 8-25-2005)

Nothing in this article shall be deemed to require a change in the plans, construction, or designated use of any building on which either construction was lawfully begun prior to the adoption of this article or which a building or septic permit has been applied for or issued pursuant to the building and development ordinance of Gilmer County.

(Res. No. 05-97, Art. 4 § 406, 8-25-2005)

No building, structure, land, open space or water shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained, and no new use or change shall be made or maintained of any building, structure, land, open space or water, unless in conformity with all the regulations herein specified for the district in which it is located.

(Res. No. 05-97, Art. 5 § 501, 8-25-2005)

Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land.

(Res. No. 05-97, Art. 5 § 502, 8-25-2005)

No principal building shall be erected on any lot which does not have immediate frontage of at least 60 feet on at least one street which meet the accessibility requirements of the Gilmer County Land Development Ordinance. The minimum width at all points on the building line shall be 100 feet in width.

(Res. No. 05-97, Art. 5 § 503, 8-25-2005; Res. No. 24-225, 12-12-2024)

At the intersection of public streets, at the intersection of any vehicular access drive with a public street, and at the intersection of any vehicular access drive with another vehicular access drive, no plant, structure, fence, wall, sign, or other element in excess of three feet high above street grade shall be placed or maintained within the triangular area formed by a line connecting the intersection with two points that are located on each intersecting drive or roadway 25 feet from the intersection.

(Res. No. 05-97, Art. 5 § 504, 8-25-2005; Res. No. 06-48, § 6, 3-8-2006)

No building or structure shall hereafter be erected, constructed, reconstructed, or altered, to exceed the maximum height of 42 feet. The height limitations established by this section shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, grain silos, public monuments, observation towers, water towers, radio and television towers, radio antennas and radio antenna support structures, electricity transmission towers, utility poles and similar structures. (See division 2, definition for "height, building")

(Res. No. 05-97, Art. 5 § 505, 8-25-2005; Res. No. 17-023, 3-9-2017; Ord. No. 16-164, 12-8-2016)

No lot shall be reduced, divided or changed in size so that lot width, size of yards, lot area per dwelling unit or any other requirement of this article is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public use purpose.

(Res. No. 05-97, Art. 5 § 506, 8-25-2005)

In the interest of public health and welfare, all lots served or to be served by individual water wells and on-site sewage disposal systems shall have minimum separation distance of 50 feet between the well location and the location of septic tank and minimum separation distance of 100 feet between the well and the location of the field lines. Such separation distance is required with no consideration to the location of individual property lines. (For example: the location of the septic tank and field lines on one property inherently regulates the location of a water well on adjacent property, and vice-versa.)

(Res. No. 05-97, Art. 5 § 507, 8-25-2005; Res. No. 17-023, 3-9-2017)

(a)

Accessory structures/uses shall comply with the minimum front, side, and rear setback requirements for all lots. Well houses shall be exempt from the minimum front, side, and rear setback requirements for all lots.

(b)

When an accessory structure is physically attached to the principal building by a breezeway, passageway or other structure, it shall comply with the setback requirements of the principal building.

(c)

In the case of double frontage lots, accessory buildings shall observe required front yard requirements on both streets.

(Res. No. 05-97, Art. 5 § 508, 8-25-2005; Ord. No. 16-164, 12-8-2016)

Manufactured homes or other temporary structures may be used as temporary offices in any district for the purpose of a construction office for a licensed architect/engineer/contractor or as a sales office for a functional residential/commercial/industrial development project. The building official shall issue a temporary permit that is renewable in six month increments. Once the subject development project is completed or all sales have been completed, said permit shall be revoked and the temporary structure removed from the site. Said permit shall not be construed as to permit the residential occupancy of manufactured homes and depending on the said temporary use, approval of the Gilmer County Health Department may be required for the installation of an individual sewage disposal system.

(Res. No. 05-97, Art. 5 § 509, 8-25-2005)

All applicants for a building permit to construct a residential dwelling on a lot or tract within or adjacent to the general agriculture (GA) land use district must execute an agricultural use acknowledgment and notice by signature, acknowledging the potential uses and impacts associated with a general agriculture land use district. The acknowledgment must be recorded in the public records of Gilmer County, Georgia. See Appendix B for a copy of the Agricultural Use Notice and Acknowledgment.

(Res. No. 05-97, Art. 5 § 510, 8-25-2005; Res. No. 06-48, § 7, 3-8-2006)

Subdivisions which have declarations of covenants conditions and restrictions (CCR's) duly recorded as of the date of enactment of this article will continue to be governed by said CCR's only to those portions or provisions of said CCR's which are more stringent than requirements set forth herein and shall be exempt from the provisions of this article for the period of time stated in the CCR's or as regulated by state law.

(Res. No. 05-97, Art. 5 § 511, 8-25-2005; Res. No. 06-48, § 8, 3-8-2006)

(1)

Greater setbacks or buffers may apply according to adjacent zone classifications, check ordinance for specific land use classifications.

(2)

Not withstanding anything herein to the contrary, the setbacks on residential lots previously platted and recorded in the public records of Gilmer County, Georgia, shall remain as set out in either the CCR's or on the recorded plat of the subdivision.

(3)

Minimum lot size is less for greenspace subdivisions—(See definitions).

(4)

Front setbacks are 40 foot from the right-of-way of any county, public, or state road and 25 foot from the right-of-way of any interior subdivision road.

(5)

Minimum lot size is greater for those parcels subject to the 10.0 acre minimum required under Section 62-133.

(6)

Minimum lot size is greater for those parcels that are not served by municipal public water and municipal public sewerage. If only municipal public water is available, then the minimum lot size is 1.25 acres. If municipal public water is not available, then the minimum lot size is 2.0 acres.

(7)

Minimum lot size is greater for those parcels that are not served by municipal public water and municipal public sewerage. If only municipal public water is available, then the minimum lot size for a triplex is 1.75 acres and 2.25 acres for a quadplex. If municipal public water is not available, then the minimum lot size for a triplex is 2.50 acres and three acres for a quadplex.

(8)

Maximum of 18 campsites, units or dwellings per acre.

(Res. No. 05-97, Art. 5 § 512, 8-25-2005; Res. No. 06-48, § 9, 3-8-2006; Res. No. 07-68, § a, 4-26-2007; Res. No. 10-006, 1-28-2010; Ord. No. 16-164, 12-8-2016; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024)

Parcels of land owned by state or federal governments, or any agency thereof, are considered to be "conservation" lands by Gilmer County. Therefore, upon conveyance from public ownership to private ownership, any such parcel(s) shall be zoned A-1, with a stipulated minimum lot size of 10.0 acres.

(Res. No. 07-68, § b, 4-26-2007)

A person in Gilmer County Georgia may not grow, cultivate, produce, process, store, transport, sell, sample or test cannabis, marijuana or hemp for any medicinal or recreational use.

(Res. No. 19-094, 7-11-2019)

The manufacture, production, commercial storage, sale or use of biochar, biosolids or similar substances is a prohibited activity in Gilmer County, Georgia.

(Res. No. 24-225, 12-12-2024)

The agricultural district is established to encourage the retention and development of suitable areas for common farm practices and various non-farm uses, preservation of open space, the conservation and management of soil, water, air, game and other natural resources and amenities, and to discourage the creation or continuation of conditions which could detract from the function, operation, and appearance of areas to provide food supplies and to prevent or minimize conflicts between common farm practices and non-farm uses. Gilmer County adopts and follows O.C.G.A. § 41-1-7 sets forth, "A farm or farming operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices." All applicable agricultural uses are required to practice and implement identified best management practices.

(Res. No. 05-97, Art. 6 § 601, 8-25-2005; Res. No. 06-48, § 10, 3-8-2006)

See division 16 for the list of permitted uses and conditional uses allowed in the agriculture district.

(Res. No. 05-97, Art. 6 § 602, 8-25-2005; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

(a)

Building setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks: Front: 40 feet from the right-of-way of any county, public or state maintained road (not within a subdivision) and 25 feet from the right-of-way of any new interior subdivision road; Side: 25 feet; and Rear: 50 feet. However, all new intensive livestock operations shall have a minimum setback of 300 feet when adjacent to residential districts. Except that environmental compliance structures shall be subject to the standard setbacks above. The minimum lot width at the location of the home on the site shall be 150 feet.

(b)

Minimum lot size: The minimum lot size shall be 5.0 acres,(except as to those parcels subject to the 10.0 acre minimum required under section 62-133). The minimum lot size for any new intensive livestock operations (See division 2, definitions) shall be 20 acres in order to minimize conflicts with other adjacent uses. Existing intensive livestock operations as of January 1, 2017 shall be able to be subdivided to the minimum lot size of 5.0 acres and shall only have to comply with the standard building setbacks for the A-1 district. No area within road rights-of-way shall count towards the minimum lot size.

(c)

Density: The density for the A-1 district is up to three dwellings per single parcel, so long as each additional dwelling meets a minimum of 5.0 additional acres. For example, an A-1 district parcel that is less than 5.0 acres cannot have more than one dwelling located on it. An A-1 district parcel that has between 10.0 acres and 15.0 acres can only have two dwellings located on it. An A-1 district parcel that is 15.0 acres or more, can have three dwellings located on it.

(d)

Buffers: No buffer is required for any use in the A-1 zone district. However, if a use is proposed that is prohibited in residential zones but is allowed in C-1 districts, then the buffer requirements for such use if in a C-1 zone shall apply to the same use in A-1.

(Res. No. 05-97, Art. 6 § 603, 8-25-2005; Res. No. 06-48, § 11, 3-8-2006; Res. No. 06-182, § 2, 10-26-2006; Res. No. 07-68, § c, 4-26-2007; Res. No. 10-006, 1-28-2010; Ord. No. 16-164, 12-8-2016; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

The outdoor recreational lodging district is established to provide for the establishment of campgrounds.

(Res. No. 21-088, Exh., 6-14-2021)

See division 16 for the list of permitted uses and conditional uses allowed in the outdoor recreational lodging district.

(Res. No. 21-088, Exh., 6-14-2021)

(a)

Building setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings and campground sites shall comply with the following setbacks: Front: 300 feet from the right-of-way of any private, adequately standard county, public or state maintained road and Side: 300 feet; and Rear: 300 feet. 75 percent of the area within the setback must remain in a natural wooded state and cannot be clear cut or harvested at any time. If any of the proposed 75 percent area within the setback is currently in a pasture or grazed state, it must be replanted and repopulated with indigenous trees in minimum 15- gallon container sizes.

(b)

Minimum lot size: The minimum lot size shall be 25.0 acres. No area within road rights-of-way shall count towards the minimum lot size.

(c)

Density: The density for the ORL district shall be no more than 18 short-term overnight lodging sites, units or dwellings per acre.

(d)

Buffers: No buffer is required for any use in the ORL zone district.

(Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023)

The residential low density district is intended to provide areas dedicated to single-family detached residences and the creation of residential neighborhoods. A conditional use of hobby livestock is granted by this article to any tract of land that was zoned R-1 and where such use was either in existence or was permitted by covenants and restrictions which were in place on or before January 1, 2006.

(Res. No. 05-97, Art. 7 § 701, 8-25-2005; Res. No. 06-48, § 12, 3-8-2006)

See division 16 for the list of permitted uses and conditional uses allowed in the single family residential district.

(Res. No. 05-97, Art. 7 § 702, 8-25-2005; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

(a)

Building setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks: Front: 40 feet from the right-of-way of any county, public or state maintained road (not within a subdivision) and 25 feet from the right-of-way of any interior subdivision road; Side: 20 feet; and Rear: 40 feet.

(b)

Minimum lot size: The minimum lot size shall be 1.5 acres unless the option of a greenspace development is exercised. No area within road rights-of-way shall count towards the minimum lot size. The minimum lot width at the location of the home on the site shall be as follows: 150 feet for R-1 developments utilizing on-site wells and septic systems, 100 feet for R-1 developments served by public or approved private water supply and septic systems, or 90 feet for R-1 greenspace developments served by public or approved private water supply and sewerage. For all R-1 developments served by on site septic systems, greater widths and lot sizes may be required by the Gilmer County Environmental Health Department. There shall be no net increase of the number of R-1 lots once approved as part of a subdivision development.

(c)

Greenspace development: The density for greenspace developments in R-1 districts shall be no more than 0.5 dwelling per acre (one lot for every two acres within the development).

(d)

Buffers: No buffer is required for any use in the R-1 district.

(Res. No. 05-97, Art. 7 § 703, 8-25-2005; Res. No. 06-48, § 13, 3-8-2006; Res. No. 06-182, § 3, 10-26-2006; Res. No. 21-088, Exh., 6-14-2021)

The residential high density district is intended to provide areas dedicated to single-family detached residences and the creation of residential neighborhoods. It is intended to be located in areas where appropriate infrastructure is available and where such use is compatible with adjacent uses.

(Res. No. 05-97, Art. 8 § 801, 8-25-2005; Res. No. 06-48, § 15, 3-8-2006)

See division 16 for the list of permitted uses and conditional uses allowed in the residential high density district (R-2).

(Res. No. 05-97, Art. 8 § 802, 8-25-2005; Res. No. 06-48, § 16, 3-8-2006; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

(a)

Building setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks: Front: 40 feet from the right-of-way of any county, public or state maintained road (not within a subdivision) and 25 feet from the right-of-way of any new interior subdivision road; Side: Ten feet; and Rear: 25 feet. There shall be a 50-foot setback along the exterior boundary of all subdivisions in an R-2 district.

(b)

Minimum lot size: The minimum lot size shall be 1.0 acre unless the option of a greenspace development is exercised. No area within road rights-of-way shall count towards the minimum lot size. The minimum lot width at the location of the home on the site shall be as follows: 150 feet for R-2 developments utilizing on-site wells and septic systems, 100 feet for R-2 developments served by public or approved private water supply and septic systems, or 90 feet for R-2 greenspace developments served by public or approved private water supply and sewerage. For all R-2 developments served by on site septic systems, greater widths and lot sizes may be required by the Gilmer County Environmental Health Department. There shall be no net increase of the number of R-2 lots once approved as part of a subdivision development.

(c)

Greenspace development: The maximum dwelling density for a Greenspace Development in R-2 districts is 1.0 lot per acre.

(d)

Buffers: No buffer is required for any use in the R-2 district.

(Res. No. 05-97, Art. 8 § 803, 8-25-2005; Res. No. 06-48, § 17, 3-8-2006; Res. No. 06-182, § 4, 10-26-2006; Res. No. 21-088, Exh., 6-14-2021; Res. No. 21-088, Exh., 6-14-2021)

The residential multifamily low density district is located to provide areas for multifamily housing consisting of duplexes. It is intended to be located in areas where municipal public water and municipal public sewerage is available, and where such use is compatible with adjacent uses.

(Res. No. 19-094, 7-11-2019)

See division 16 for the list of permitted uses allowed in the residential multifamily low density district (R-3). Duplexes are permitted uses within R-3 district, plus any necessary accessory buildings.

(Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

Developments within the R-3 district shall conform to the following regulations:

(1)

Building setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks:

Front: 40 feet;

Side: Ten feet; and

Rear: 25 feet.

(2)

Minimum lot size: The minimum size for a development in the R-3 district shall be 0.50 acres if the lot is served by municipal public water and municipal public sewerage. If only municipal public water is available, then the minimum acreage shall be 1.25 acres. If municipal public water is not available, then the minimum acreage shall be 2.00 acres.

(3)

Separation distances: A minimum separation distance of 50 feet shall be required between all homes and buildings erected within the R-3 district.

(4)

Buffers: If an R-3 district abuts a R-1 or R-2 district then a buffer consisting of a sight impermeable fence eight feet high shall be provided if the topography does not create its own buffer.

(Res. No. 19-094, 7-11-2019)

The residential multifamily medium density district is located to provide areas for multifamily housing consisting of triplexes and quadplexes. Existing mobile home parks in existence on January 1,2006, shall be considered R-4 with nonconforming uses. It can only be located in areas where municipal public water or approved private water is available and where such use is compatible with adjacent uses.

(Res. No. 19-094, 7-11-2019; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

See division 16 for the list of permitted uses allowed in the residential multifamily medium density district (R-4). Triplexes and quadplexes are permitted uses within R-4 district, plus any necessary accessory buildings. Mobile home parks are not permitted within R-4 district.

(Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

Developments within the R-4 district shall conform to the following regulations:

(1)

Building setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks:

Front: 40 feet;

Side: 50 feet; and

Rear: 50 feet.

(2)

Minimum lot size: The minimum size for a development in the R-4 district shall be three acres.

(3)

Density: The maximum dwelling unit density for R-4 district is 4.0 per acre.

(4)

Separation distances: A minimum separation distance of 5 feet shall be required between all homes and buildings erected within the R-4 district.

(5)

Buffers: If an R-4 district abuts an A-1 district that is currently used for an intensive livestock operation, then the R-4 district shall provide a buffer width of 100 feet. If an R-4 district abuts an A-1 or R-1 district then a buffer consisting of a sight impermeable fence eight feet high shall be provided. No buffer is required if the R-4 district abuts the R-2 district unless the R-2 property is already developed with single-family detached dwellings, then the fence cited above is required. Further, if the R-4 district abuts the C-1 or I-1 districts, then a buffer width of 25 feet is required and such width is planted with a combination of evergreen trees and shrubs in staggered formation, in compliance with typical horticultural spacing.

(Res. No. 19-094, 7-11-2019; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

The residential multifamily high density district is located to provide areas for multifamily housing consisting of apartments, condominiums and townhomes. It can only be located in areas where municipal public water and municipal public sewerage is available, and where such use is compatible with adjacent uses.

(Res. No. 05-97, Art. 9 § 901, 8-25-2005; Res. No. 06-48, § 19, 3-8-2006; Res. No. 19-094, 7-11-2019; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

See division 16 for the list of permitted uses allowed in the residential multifamily high density district (R-5). Apartments. condominiums and townhomes are permitted uses within R-5 district, plus any necessary accessory buildings.

(Res. No. 05-97, Art. 9 § 902, 8-25-2005; Res. No. 06-48, § 20, 3-8-2006; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

Developments within the R-5 district shall conform to the following regulations:

(1)

Building setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks:

Front: 40 feet;

Side: 15 feet; and

Rear: 20 feet.

(2)

Minimum development and minimum lot size: The minimum size for a development in the R-5 district shall be five acres. The minimum lot size shall be 5,000 square feet.

(3)

Density: The maximum dwelling unit density for R-5 district is 10.0 per acre. Each unit shall be served by a minimum of 1.75 parking spaces.

(4)

Separation distances: A minimum separation distance of 20 feet shall be required between all homes and buildings erected within the R-5 district.

(5)

Buffers: If an R-5 district abuts a R-1 or R-2 district then a buffer consisting of a sight impermeable fence eight feet high shall be provided if the topography does not create its own buffer.

(Res. No. 05-97, Art. 9 § 903, 8-25-2005; Res. No. 06-48, § 21, 3-8-2006; Res. No. 10-006, 1-28-2010; Res. No. 19-094, 7-11-2019; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

The general commercial district is intended to provide adequate space for a variety of business uses including offices, retailing, service establishments, entertainment, and limited storage, assembly and distributions facilities. Generally, such activities are oriented to major streets or at the intersection of major and minor streets, where both traffic and visibility is maximized. Such activities are generally considered less intensive than industrial activities.

(Res. No. 05-97, Art. 10, 8-25-2005)

Prior to construction or addition of any structures on C-1 tracts, a site plan must be submitted to and approved by the zoning administrator, and other agencies as may be necessary. In addition to the requirements for a site plan as set forth in the definitions within this chapter, said site plans must be based on current site conditions and must be sealed by a registered land surveyor, professional engineer, or registered landscape architect licensed in the State of Georgia. Prior to a certificate of occupancy (C.O.) being issued, an as-built site plan must be submitted and approved.

See division 16 for the list of permitted uses and conditional uses allowed in the general commercial district (C-1).

(Res. No. 05-97, Art. 10 § 1002, 8-25-2005; Res. No. 06-182, § 5, 10-26-2006; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

Developments within the C-1 district shall conform to the following regulations:

(1)

Setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks:

Front, 40 feet;

Side: 15 feet; and

Rear: 15 feet.

(2)

Area: Except as otherwise specified in this article, lot sizes in this district shall comply with the minimum requirements specified in the Manual for the Installation of On-Site Sewage Disposal administered by the Gilmer County Health Department.

(3)

Separation distances: A principal building shall not be located closer than 20 feet to another principal building occupying the same lot.

(4)

Density: The C-1 district allows multiple principal building to occur per lot in compliance with sewage disposal requirements and separation distances.

(5)

Buffers: Any development within the C-1 district shall provide a buffer width of 50 feet if such C-1 district abuts any other district except I-1. Within said 50-foot buffer and adjacent to the property line, a buffer width of 25 feet is required and such width shall be planted with a combination of evergreen trees and shrubs in staggered formation. If existing trees and vegetation exists, the 25 feet adjacent to the property line may remain undisturbed. The purpose of such plantings is to create a barrier to vision and noise.

(Res. No. 05-97, Art. 10 § 1003, 8-25-2005; Res. No. 06-48, § 22, 3-8-2006)

The commercial technology district is intended to provide adequate space for cryptocurrency server farms.

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

Prior to construction, renovation or addition of any structures on CT-1 tracts, a site plan meeting the requirements of this division and the cryptocurrency and data mining ordinance must be submitted to and approved by the zoning administrator, and other agencies as may be necessary. In addition to the requirements for a site plan as set forth in the definitions within this chapter, said site plans must be based on current site conditions and must be sealed by a registered land surveyor, professional engineer, or registered landscape architect licensed in the State of Georgia. Prior to a certificate of occupancy (C.O.) being issued, an as-built site plan must be submitted and approved.

See Division 16 for the list of permitted uses and conditional uses allowed in the commercial technology district (CT-1).

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

Developments within the CT-1 district shall conform to the following regulations:

(1)

Setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks:

Front, 500 feet;

Side: 500 feet; and

Rear: 500 feet.

(2)

Area: The minimum lot size shall be 50 acres. No area within road rights-of-way shall count towards the minimum lot size.

(3)

Density: The density for the CT-1 district shall be no more than one structure housing a cryptocurrency server farm per acre.

(4)

Buffers: No buffer is required for any use in the CT-1 zone district.

(5)

Situated: Must not adjoin or be contiguous to any residential or agricultural district.

(Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024)

The industrial district is established with the purpose of reserving certain areas with relatively level topography, adequate water and sewerage facilities and access to arterial streets for industrial operations. Certain commercial uses having open storage characteristics, though not necessarily industrial in nature, are also included within this district. Industrial operations that are objectionable by reason of the emission of noise, vibration, smoke, dust, gas, fumes, odors or radiation or that create fire or explosion hazards or other objectionable nuisance conditions are considered conditional uses and, if allowed, are most suited to large tracts of land removed from residential or commercial districts.

(Res. No. 05-97, Art. 11 § 1101, 8-25-2005; Res. No. 06-48, § 23, 3-8-2006)

See division 16 for the list of permitted uses and conditional uses allowed in the industrial district (I-1).

(Res. No. 05-97, Art. 11 § 1102, 8-25-2005; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

Development within the industrial district shall conform to the following regulations:

(1)

Setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks:

Front: 40 feet;

Side: 15 feet; and

Rear: 15 feet.

(2)

Building separation: A minimum separation distance of 20 feet shall be required between principal buildings.

(3)

Area: Except as otherwise specified in this article, lots in this district shall comply with the minimum requirements specified in the Manual for the Installation of On-Site Sewage Disposal administered by the Gilmer County Health Department.

(4)

Buffers: Any development within the I-1 district shall provide a buffer width of 50 feet if such I-1 district abuts any other district except I-1 or C-1, within said 50-foot buffer and adjacent to the property line, a buffer width of 25 feet is required and such width shall be planted with a combination of evergreen trees and shrubs in staggered formation. If existing trees and vegetation exists, the 25 feet adjacent to the property line may remain undisturbed. The purpose of such plantings is to create a barrier to vision and noise.

(Res. No. 05-97, Art. 11 § 1103, 8-25-2005; Res. No. 06-48, § 24, 3-8-2006)

The public institutional (PI) zoning district is established to ensure that the public, quasi-public, and institutional use of property is related to the purposes and policies of the general plan and the public/quasi-public land use classification contained in the general plan; to recognize the public, quasi-public, and institutional nature of particular parcels of land and provide standards and guidelines for their continued use and future development; and to ensure that the public, quasi-public, and institutional structures and developments in the district will be compatible with surrounding districts and uses.

The requirements of the PI zoning district are intended to apply to publicly owned property, property owned by quasi-public or public service entities, and property used or planned to be used for certain institutional facilities

(Ord. No. 16-164, 12-8-2016)

See division 16 for the list of permitted uses and conditional uses allowed in the Public Institutional District (PI-1).

(Ord. No. 16-164, 12-8-2016; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021)

Development within the public institutional district shall conform to the following regulations:

(1)

Setbacks: Except as otherwise specified in this article, principal buildings and accessory buildings shall comply with the following setbacks:

Front: 40 feet;

Side: 15 feet; and

Rear: 15 feet.

(2)

Building separation: A minimum separation distance of 20 feet shall be required between principal buildings.

(3)

Area: Except as otherwise specified in this article, lots in this district shall comply with the minimum requirements specified in the Manual for the Installation of On-Site Sewage Disposal administered by the Gilmer County Health Department.

(4)

Buffers: No buffer is required for any use in the PI-1 district.

(Ord. No. 16-164, 12-8-2016; Res. No. 24-225, 12-12-2024)

The following table shows permitted uses (indicated with a P), conditional uses subject to approval by the board of commissioners (indicated by a C) as required by the Gilmer County Land Use Procedures and Standards Ordinance (see Appendix A), and prohibited uses (indicated by a blank space) for each district.

The Gilmer County Planning Commission is hereby granted discretion to determine if a use that is not specifically listed as a permitted use or conditional use is similar to any other use already allowed by the ordinance, either as a permitted use or conditional use, whereupon an applicable land use district can be identified. In the event, that a clear decision cannot be determined regarding a proposed use, the proposed use is not permitted in any land use district until an official amendment by the board of commissioners shall become effective.

(Res. No. 05-97, Art. 12, 8-25-2005; Res. No. 06-48, § 25, 3-8-2006; Res. No. 06-182, § 6, 10-26-2006; Res. No. 08-52, 4-24-2008; Res. No. 10-006, 1-28-2010; Res. No. 15-149, 12-10-2015; Ord. No. 16-164, 12-8-2016; Res. No. 17-023, 3-9-2017; Res. No. 19-094, 7-11-2019; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024; Res. No. 25-058, 5-8-2025)

A county board of land use appeals ("BOLUA") is hereby established. The BOLUA shall perform all of its duties and exercise all of its powers in such a way that the purpose and intent of the land development ordinance shall be accomplished, public health, safety and welfare secured, and substantial justice done. The BOLUA provides a mechanism for relief in individual cases where certain dimensional requirements of this code pose undue hardship, and provides for appeals from the administration, interpretation, or enforcement of this code. The grant of authority to the BOLUA is limited to the provisions herein and shall be sparingly used by the BOLUA upon showing of just cause.

(Res. No. 05-97, Art. 13, 8-25-2005; Res. No. 23-103, 5-11-2023)

The BOLUA shall be appointed by the county board of commissioners and shall be composed of five members who serve at the pleasure of the county board of commissioners and may be dismissed by majority vote of the county board of commissioners. Upon initial appointment, two members shall be appointed for three years, two members for two years, one member for one year, and thereafter terms shall be three years each. If any vacancy should occur in the membership of the BOLUA for any cause, the county board of commissioners shall fill such vacancy by making an appointment for the unexpired term. A majority of members present shall be required to constitute a quorum.

(Res. No. 05-97, Art. 13 § 1301, 8-25-2005; Res. No. 23-103, 5-11-2023)

The BOLUA shall adopt internal bylaws to establish rules of procedure as are necessary to carry out the purposes of its authority. Such bylaws shall prescribe the annual election of a chairman, vice-chairman, and secretary.

The BOLUA shall appoint a secretary to keep minutes of its proceedings, showing the action of each BOLUA member upon each question, or if a member is absent or fails to vote, indicating such fact. Such records shall be public record and available to the public in accordance with the Georgia Open Records Act. The BOLUA shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it. On all appeals, applications and matters before the BOLUA, said BOLUA shall inform in writing all parties involved in its decision.

The BOLUA shall establish a regular meeting date and time for its monthly meetings; however, meetings shall be held on an as-needed basis or at the call of the chairman. All meetings shall be open to the public. The BOLUA may adjourn any public hearing or meeting in order to obtain additional information or to serve further notice upon such other property owners as it decides may be interested in the application or appeal. Such adjournment shall also require the BOLUA to declare the timely rescheduling of the business at hand.

(Res. No. 05-97, Art. 13 § 1302, 8-25-2005; Res. No. 23-103, 5-11-2023)

All decisions or actions issued by the BOLUA shall only occur after conducting a legally advertised public hearing. Such public hearing shall require a minimum of 30 days' notice of the date, place, time, and purpose of the meeting, which shall be published in the newspaper of general circulation in the county and a sign shall be posted on the property affected, if applicable, also identifying the date, place, time, and purpose of the meeting. Notice of the public hearing shall be mailed to the owner of the property that is the subject of the proposed action. At the hearing, any party may appear in person or by power-of-attorney, or by attorney, or both. The policies and procedures of the public hearing shall follow the policies and procedures set out in the land use procedures and standards ordinance codified in section 62-331 et seq.

(Res. No. 05-97, Art. 13 § 1303, 8-25-2005; Res. No. 23-103, 5-11-2023)

The BOLUA is a body of limited powers, and its actions are taken in a quasi-judicial capacity rather than a legislative capacity. The BOLUA is empowered to hear and decide administrative appeals where it is alleged there is an error in any order, requirement, decision or determination made by the county director of planning and zoning, building official, or other employee in the interpretation or enforcement of the land use ordinance. The BOLUA is empowered to hear and decide variances to the terms of this article or special exceptions as may be authorized by this article.

The BOLUA is empowered to hear, after proper filing of an application specifying the action or order being appealed and the grounds for the appeal to be heard, any person, firm, or corporation, or by any officer, department, board, or bureau affected by any decisions of the county director of planning and zoning, building official or other employee based on this land use ordinance. Such application shall be taken within 30 days after the action or order being appealed by filing with the county director of planning and zoning a notice of appeal. All papers constituting the record upon which the action appealed from was taken shall be transmitted to the BOLUA. A fee shall also be required with the application to cover the advertising costs.

An application for decision on an issue stays all legal proceedings in furtherance of the action appealed from, unless the county planning and zoning director certifies to the BOLUA after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life and property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application, on notice to the land development officer, and on due cause shown.

In exercising its powers, the BOLUA may, in conformity with the provisions of this article, reverse, affirm or modify its prior order, requirement, decision or determination, in whole or in part, and to that end shall have all of the powers of the county director of planning and zoning and/or his/her appointee or representative and may issue or direct the issuance of a permit. The BOLUA may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of this article. In cases where an issue is granted, the BOLUA shall have all necessary powers of the county director of planning and zoning and may issue permits, or direct the issuance of permits, not otherwise inconsistent with this code and any other code, resolution, or ordinance adopted by the county board of commissioners.

The BOLUA's secretary shall notify the applicant, in writing, of the BOLUA's final decision upon the matter that was the subject of filed application.

(1)

Administrative appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by the county director of planning and zoning or appointee in the enforcement of this article. Such appeals may include, but are not limited to:

a.

Zone district boundary interpretations beyond the provisions of section 62-74;

b.

Interpretation of uses as provided in division 12;

c.

Interpretations relating to the existence of a nonconforming use, when applicable.

(2)

Variances. The BOLUA is hereby empowered to authorize upon application in specific cases such variances as defined herein as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article will in an individual case, result in unnecessary hardship, so that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done. A variance may be granted upon specific findings that all of the following conditions exist. The absence of any one of the conditions shall be grounds for denial of the application for variance. Further, a variance cannot be granted for a use of land, building, or structure that is prohibited in a district by this article, nor can a variance be granted to allow an increase in the number of dwelling units per acre or a lot size smaller than authorized by this article. The minimum allowable variance for a side or rear property line setback shall be no less than five feet from the side or rear property line. The minimum allowable variance for a front property line setback that abuts a county, public or private road (except those private roads that are within a homeowner's association or have a private road maintenance agreement and except prescriptive county roads) shall be no less than 35 feet from the front property line. The minimum allowable variance for a front property line that abuts a private road within a homeowner is association or have a private road maintenance agreement shall be no less than five feet from the front property line. The minimum allowable variance for a front property line that abuts a prescriptive county road shall be no less than 25 feet from the edge of the prescriptive right-of-way line.

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district; and

b.

A literal interpretation of the provisions of the land development ordinance would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and

c.

Granting the variance requested will not confer upon the property of the applicant any special privilege that is denied to other properties of the district in which the applicant's property is located; and

d.

Relief, if granted, will be in harmony with the purpose and intent of this article and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value; and

e.

The special circumstances are not the result of the actions of the applicant; and

f.

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.

(3)

Special exceptions. To include decisions or actions, now or upon future amendment of this article, whereby the BOLUA appeals is empowered to make such decisions or take such actions.

A printed copy of these policies and procedures shall be available for distribution to the general public from the planning and zoning office as well as at the scheduled public hearing.

(Res. No. 05-97, Art. 13 § 1304,8-25-2005; Ord. No. 16-164, 12-8-2016; Res. No. 19-094,7-11-2019; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-103, 5-11-2023)

No order of the BOLUA permitting the erection or alteration of a building or other variance shall be valid for a period of longer than 12 months unless such use is established within such period; provided, however that such order by the BOLUA shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with, and within the time prescribed by such permit.

(Res. No. 05-97, Art. 13 § 1305, 8-25-2005; Ord. No. 16-164, 12-8-2016; Res. No. 23-103, 5-11-2023)

Should the applicant wish to appeal the BOLUA's decision, he/she must do so by writ of certiorari directly to the county superior court. There shall be no intermediate appeal to the county board of commissioners or any other administrative body.

(Res. No. 05-97, Art. 13 § 1306, 8-25-2005; Res. No. 23-103, 5-11-2023)

The Gilmer County Board of Commissioners may from time to time amend the text of this article or the land use map, that is part of this article, according to the procedures separately described in the "Gilmer County Land Use Procedures and Standards Ordinance" which is included herein in Appendix B. Appendix B fully describes the applicable final land use decisions, the notice requirements to the public, the procedures for conducting public hearings, the standards used to review any proposed land use amendment, and the procedures to obtain a final land use decision.

(Res. No. 05-97, Art. 14 § 1401, 8-25-2005)

Any amendments to the text of this article or the land use map shall be filed upon an application form available in the Office of the Gilmer County Land Development Officer. Such form shall include a listing of any and all requirements to be included as part of the application for consideration of any matter requiring a final land use decision. Each application shall include an "Infrastructure Impact Assessment" which shall state the anticipated impact of the application upon the road system, solid waste department, school system, etc. Failure to comply with the requirements of the application shall constitute an incomplete application which will not be processed for conclusion of the requested final land use decision. An application fee, which may be adjusted from time to time by resolution adopted by the Gilmer County Board of Commissioners, may apply. Failure of the land development officer or his/her appointee to collect a fee from the Gilmer County Board of Commissioners, when the board is initiating a proposed land use amendment, shall not void the validity of the application.

(Res. No. 05-97, Art. 14 § 1402, 8-25-2005; Res. No. 07-68, § d, 4-26-2007)

The provisions of this article shall be administered by the county land development officer (LDO), or his/her appointee/designee, who shall be appointed by the BOC and serve at its pleasure. The LDO shall be responsible for interpretation of the provisions of this article and for maintenance of the official land use map. His/her duties shall include receiving applications, inspecting premises, issuing permits and certificates of occupancy for uses and structures that meet the requirements of this article.

(Res. No. 05-97, Art. 15 § 1501, 8-25-2005; Ord. No. 16-164, 12-8-2016)

Any proposed use of land(s) or building(s) must comply with all provisions of this article before any building permit or grading permit is issued for any improvement, grading, land distributing activity or alteration of land(s) or building(s) commences. The LDO shall in no case approve a building permit for the use, construction, or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this article or any other codes and laws. Specifically, land shall not be cleared, graded, altered, filled, or manipulated unless such land alteration is for the purpose of establishing a use allowed by the district where the site is located. False testimony regarding the proposed use of land, resulting in the issuance of a grading or building permit, shall be deemed a severe violation of this article and punishable under the provisions of section 62-273.

(Res. No. 05-97, Art. 15 § 1502, 8-25-2005)

No building, or structure, except as specifically exempted by this article, shall be erected, moved, extended, enlarged or structurally altered, nor shall any excavation or filling of any lot for the construction of any building be commenced until the building official has issued a building permit for such work in conformity with the provisions of this article and all other applicable regulations. All building permits shall be issued by the land development officer and/or his/her appointee.

(Res. No. 05-97, Art. 15 § 1503, 8-25-2005)

All applications for a building permit shall be made to the land development officer on forms provided by the LDO. The application will fully specify the information required to obtain such permit and failure to provide such information shall be considered an invalid application. Such building permit shall also identify the land use district that is applicable to the subject property on the day the building permit is issued. A fully complaint application shall cause issuance of a permit upon payment of the required fee. If a building permit is refused issuance, the LDO shall state such refusal in writing with the cause.

(Res. No. 05-97, Art. 15 § 1504, 8-25-2005)

If the work authorized by the building permit is not commenced or is suspended or abandoned or not completed, so that a 36-month period passes from the date of issue, then such building permit shall expire and require a new building permit ("first renewal building permit") meeting all current requirements.

If the work authorized by the first renewal building permit is not commenced or is suspended or abandoned or not completed, so that a 24-month period passes from the date of issue, then such first renewal building permit shall expire and require a new building permit ("second renewal building permit") meeting all current requirements.

If the work authorized by the second renewal building permit is not commenced or is suspended or abandoned or not completed, so that a 24-month period passes from the date of issue, then such second renewal building permit shall expire and require a new building permit ("third renewal building permit") meeting all current requirements.

If the work authorized by the third renewal building permit is not commenced or is suspended or abandoned or not completed, so that a 24-month period passes from the date of issue, then such third renewal building permit shall expire and require a new building permit ("fourth renewal building permit") meeting all current requirements.

If the work authorized by the fourth renewal building permit is not commenced or is suspended or abandoned or not completed, so that a 24-month period passes from the date of issue, then such fourth renewal building permit shall expire.

After the expiration of the fourth renewal building permit, the property and structure located thereon shall no longer be eligible for a certificate of occupancy. Before the issuance of a new building permit, the structure shall be completely razed and the construction process started anew.

(Res. No. 05-97, Art. 15 § 1505, 8-25-2005; Res. No. 21-088, Exh., 6-14-2021; Res. No. 21-088, Exh., 6-14-2021; Res. No. 24-225, 12-12-2024)

A certificate of occupancy (CO) is required in advance of the occupancy or use of: 1) any building, structure, land, or premises; 2) any building or structure hereafter erected or moved; 3) any building hereafter altered, so as to affect the front, side, or rear yards, or height; 4) any building, structure, or premises in which there is a change of occupancy or use.

Within five days after the application for a CO and payment of any required fees, the LDO shall sign and issue a CO if the proposed use of land or building, as stated on the CO and signed by the owner or his appointed agent, is found to conform to the applicable provisions of this article, and if the building, as finally constructed, complies with the plans submitted for the building permit. The LDO shall state in writing the reasons for denying such CO.

(Res. No. 05-97, Art. 15 § 1506, 8-25-2005)

All records related to building permits and certificates of occupancy, including both issuance and denials, shall be kept on file in the office of the land development officer and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

(Res. No. 05-97, Art. 15 § 1507, 8-25-2005)

The provisions of this article shall be enforced by the LDO, who shall have the authority to issue or authorize the issuance of citations for violations of this article.

(Res. No. 05-97, Art. 15 § 1508, 8-25-2005)

(a)

Whenever any work is done in violation of any provision of this article, the LDO may order all work on the job stopped until such violation is eliminated and any work order installation made in violation of the ordinance is corrected. Such stop order shall be in writing within 24 hours (excluding Saturday, Sunday or holidays) and may include any civil fines and permit fees as deemed appropriate by the Board of Commissioners. It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Such stop order may be revoked by the land development officer.

(b)

Whenever any building or structure is being erected, constructed reconstructed, or rehabilitated, altered, repaired, converted, or maintained in violation of any provision of this article, Gilmer County may seek injunctive or other equitable relief on emergency basis or otherwise in a court of proper jurisdiction to prevent the violation, further violation or damage resulting from such violation and shall be entitled to all relief as provided under applicable law. Such remedy shall be in addition to, and not in lieu of, any similar remedy which adjacent or neighboring property holders may already have pursuant to the laws of Georgia and shall have no effect thereon.

(Res. No. 05-97, Art. 15 § 1509, 8-25-2005)

Any person who violates this article or fails to comply with any of its requirements, by act or omission, shall upon conviction thereof be punishable by a fine not exceeding $1,000.00 or 12 months in jail or both, in the Magistrate or Superior Court of Gilmer County. Where such an act or omission is continued in violation of the provisions of these regulations after notice of such violation by the LDO, each day such violation continues may be deemed a separate punishable violation.

(Res. No. 05-97, Art. 15 § 1510, 8-25-2005)

This land use ordinance shall be in addition to, and not in lieu of, all other Gilmer County Building, Housing and Development Regulations or Ordinances. All other Gilmer County Building, Housing and Development Regulations or Ordinances, including but not limited to: the building code ordinance (minimum standard codes), the land development ordinance, the manufactured home ordinance, the soil erosion and sediment control ordinance, and the flood damage prevention ordinance are and shall remain in full force and effect.

(Res. No. 05-97, Art. 16 § 1601, 8-25-2005)

Whenever the provisions of this land use ordinance impose more restrictive standards than are required in or under any other ordinance, regulation, rule, statute or law, the provisions of this land use ordinance shall govern. Whenever the provisions of any other ordinance, regulation, rule, statute or law require more restrictive standards than are required by this land use ordinance, the provisions of such ordinance, regulation, rule, statute or law shall govern.

(Res. No. 05-97, Art. 16 § 1602, 8-25-2005)

Should any article, section or provision of this article be declared invalid or unconstitutional by any court of competent jurisdiction, such declarations shall not affect the validity of this article as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. All variances and exceptions heretofore granted by the BOC or other applicable authority shall remain in full force and effect, and all terms, conditions and obligations previously imposed shall remain in effect and binding.

(Res. No. 05-97, Art. 16 § 1603, 8-25-2005)

This article shall become effective 1 ^st day of September, 2005. Passed and adopted by the Gilmer County Board of Commissioners, this 25 ^th day of August, 2005.

(Res. No. 05-97, Art. 16 § 1604, 8-25-2005)

APPENDIX A LAND USE PROCEDURES AND STANDARDS ORDINANCE OF GILMER COUNTY, GEORGIA

Appendix A - Land Use Procedures and Standards Ordinance of Gilmer County, Georgia was amended by the Gilmer County Board of Commissioners and adopted by Resolution No. 05-56 on April 14, 2005. A true and correct copy of this Appendix A can be found in The Code of Gilmer County Georgia at Chapter 62, Article III.

Appendix B
Agricultural Use Acknowledgment and Notice

I, ___________, acknowledge and agree that the property proposing to use or build upon is located within, partially within, or adjacent to property zoned or identified on Gilmer County's Land Use Plan as agricultural.

I acknowledge that I have read and understand the following notice prescribed in O.C.G.A. 44-1-17.

"It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of farm and forest land for the production of food, fiber, and other products, and also for its natural and environmental value. This notice is to inform prospective property owners or other persons or entities leasing or acquiring an interest in real property that the property in which they are about to acquire an interest lies within, or adjacent to an area zoned, used or identified for farm and forest activities and that farm and forest activities occur in the area. Such farm and forest activities may include intensive operations that cause discomfort and inconveniences that involve, but

are not limited to, noises, odors, fumes, dust, smoke, insects, operations of machinery during any 24 hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides. Ore or more of these inconveniences may occur as the result of farm or forest activities which are in conformance with existing laws and regulations and accepted customs and standards."

I recognize that I may be subject to inconvenience or discomfort from lawful agricultural operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24 hour period. One or more inconveniences may occur as a result of agricultural operations that are in compliance with existing laws and regulations and accepted customs and standards. I recognize that I will live or operate a use near an agricultural area, and that I must be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. My signature below constitutes a voluntary acknowledgement of the forgoing and I will not bring any complaints against adjacent landowners whose property is agricultural land or in agricultural operation, or against local government(s), asserting that the adjacent agricultural operation or uses of agricultural lands constitute a nuisance.

Parcel ID Number:___________

Signature of Property Owner:___________

Sworn to and subscribed before the undersigned notary this ___________ day of ________ 20___

Seal   Printed Name___________

My Commission Expires___________

(Res. No. 05-97, Apps. A, B, 8-25-2005; Res. No. 06-48, § 26, 3-8-2006)

This fee schedule can change by resolution of the board of commissioners.

(Res. No. 05-97(A), Exh. A, 8-25-2005; Res. No. 06-182, § 7, 10-26-2006; Res. No. 07-68, § e(Exh. A), 4-26-2007; Res. No. 21-088, Exh., 6-14-2021)

For the purpose of ensuring that due process is afforded to the general public when the county regulates the use of property through the exercise of land use powers, and pursuant to the authority and mandates of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph IV and O.C.G.A. § 36-66-1 et seq., Gilmer County does hereby adopt, order, and enact into law this article.

(Res. No. 05-56, § (App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

When used in this article, the following terms shall have the definitions and meanings hereafter set forth:

Conditional use. A use approved within a land use district, generally considered compatible with the other uses allowed in the district, only after due consideration of objective criteria as applicable to the proposed conditional use.

Governing authority. The county board of commissioners.

Land use decision. The final legislative action by the county board of commissioners, which results in the county's:

(1)

Adoption of a land use ordinance;

(2)

Adoption of an amendment to a land use ordinance which changes the text of the land use ordinance;

(3)

Adoption of an amendment to a land use ordinance which changes property from one and use district or another; or

(4)

Approval of a conditional use of property.

Land use districts. The power of the county, within its territorial boundaries for the districting of property for various uses and the prohibition of other or different uses within such land use districts and for the regulation of development and the improvement of real estate within such districts in accordance with the uses of property for which said land use districts were established.

Land use district ordinance. An ordinance for the county establishing procedures and land use districts within its territorial boundaries, which regulate the uses and development standards of property within such land use districts. The term also includes the land use district map (as hereinafter amended) adopted in conjunction with the land use ordinance of the county, which shows the land use districts and the classifications of property therein.

Local government shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Quasi-judicial officers, boards, or agencies shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Territorial boundaries shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Zoning shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Zoning decision shall have the same meaning as defined in O.C.G.A. § 36-66-3.

Zoning ordinance shall have the same meaning as defined in O.C.G.A. § 36-66-3.

(Res. No. 05-56, § 2(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

At least one public hearing shall be held prior to the adoption of this article and/or the land use district ordinance by the county board of commissioners and such proceeding shall comply with section 62-38 regarding public hearings; section 62-39 regarding hearing notice; and section 62-45 regarding conduct of hearings.

(Res. No. 05-56, § 3(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

This article and the land use district ordinance of the county may be amended from time to time subject to the following conditions:

A petition to amend this article, the land use ordinance, the land use intensity district map, or an application for a conditional use permit, may be initiated by the county board of commissioners, the county planning commission, or by any person, firm, or corporation owning property in the local jurisdiction. The property owner's permission is required before a petition for changing the land use intensity district map can be filed by anyone other than county board of commissioners or the county planning commission.

Applications for amendment to the land use intensity district map, the land use ordinance, or the text of this article shall be accompanied by payment of a filing fee as established by the county board of commissioners by resolution from time to time.

The county planning commission shall hold a public hearing concerning a zoning decision as defined in O.C.G.A. § 36-66-4 of the zoning procedures law. The county planning commission shall forward a recommendation to the county board of commissioners following a public hearing. The county board of commissioners shall make no zoning decision until a public hearing has been held. Public notice for all public hearings shall comply with the requirements set out in this ordinance. Public hearings shall be conducted as provided in this ordinance. Amendments to the text of the zoning ordinance shall only be initiated by the local government.

(Res. No. 05-56, § 4(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Prior to the filing of any application to amend the text of this article, the land use ordinance, the land use intensity district map, or any other application pursuant to this article, applicants are encouraged to schedule and attend a pre-application conference with the county planning and zoning director. The purpose of the pre-application conference is to provide applicants with the best available information regarding development proposals and processing requirements, and to ensure the availability of complete and accurate information for review of said application. Upon request of the applicant, the county planning and zoning director shall provide the applicant with a written summary of the pre-application conference and list any specific documents or other information that must be submitted to satisfy application requirements.

(Res. No. 05-56, § 5(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Each application for a map amendment or conditional use permit shall be accompanied by a legal description of the property and a survey plat of the property, a letter of intent describing the proposed use of the property, an application form supplied by the county planning and zoning director, a filing fee as specified from time to time by resolution of the county, and any other information as may be required by this article or as specified by the county planning and zoning director to evaluate compliance with this article.

(Res. No. 05-56, § 6(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Any application for action under this article must be complete before it shall be accepted for processing. Upon receipt of all application materials, the county planning and zoning director shall find the application complete and schedule it for hearing, where required, and consideration.

(Res. No. 05-56, § 7(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Within no more than 60 days after the filing of a complete application for which a hearing is required by this article, a public hearing shall be held on such applications before the appropriate body as required by and in accordance with this article, before taking action on a proposed application.

When 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 in accordance with O.C.G.A. § 36-66-4.

(Res. No. 05-56, § 8(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Where the proposed action includes any combination of zoning decisions under subparagraphs (C), (E), or (F) of paragraph (4) of section 36-66-3 for the same property, only one hearing shall be required. For any proposed text amendment to this article, the land use ordinance, any application for a map amendment, and any application for a conditional use permit, a public notice shall be published in a newspaper of general circulation in the local jurisdiction at least 15 days but not more than 45 days prior to the scheduled public hearing. Such notice shall state the purpose, location, time, date of the public hearing, the location of the property involved in the application, the nature of said application, and the purpose of the hearing. For map amendments, the public notice shall specifically include the current use district classification of the property, the proposed use district classification of the property. For conditional use applications, the public notice shall specifically include the proposed use of the subject property and the current use district classification of the property.

(Res. No. 05-56, § 9(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Whenever a map amendment or an application for conditional use is proposed, the county planning and zoning director shall cause to have posted in a conspicuous place on said property one or more signs, the size of which may be prescribed by resolution of the county board of commissioners and each of which shall contain information as to the proposed change and the date, time and location of the public hearing before the public hearing body. For map amendments, the sign or signs shall specifically include the current use district classification of the property, the proposed use district classification of the property, the hearing date and time, and the location of the public hearing. For conditional use applications, the sign or signs shall also specifically include the proposed use of the subject property and the current use district classification of the property. No public hearing shall take place until said sign or signs have been posted for at least 15 days in advance of the public hearing to which said notice applies. The sign or signs shall be maintained by the applicant to prevent removal from the property or destruction for the period commencing on the date the public notice appears in the newspaper through the date of the public hearing. This section shall not apply if the map amendment or application for conditional use is initiated by the county board of commissioners or the county planning commission.

(Res. No. 05-56, § O(App. A), 4-14-2005; Res. No. 17-023, 3-9-2017; Res. No. 23-101, 6-8-2023)

In reviewing, recommending, and acting upon applications for land use intensity district map amendments, the county planning and zoning director, the county planning commission, and the county board of commissioners shall consider the following criteria for approval, conditional approval, or disapproval as appropriate:

(1)

Compatibility with adjacent uses and districts. Existing uses and use districts of surrounding and nearby properties, whether the proposed use district is suitable in light of such existing uses and use districts of surrounding and nearby properties, and whether the proposal will adversely affect the existing use or usability of adjacent or nearby properties.

(2)

Property value. The existing value of the property contained in the petition under the existing use district classification, the extent to which the property value of the subject property is diminished by the existing use district classification, and whether the subject property has a reasonable economic use under the current use district.

(3)

Suitability. The suitability of the subject property under the existing use district classification, and the suitability of the subject property under proposed use district classification of the property.

(4)

Vacancy and marketing. The length of time the property has been vacant or unused as currently used under the current use district classification; and any efforts taken by the property owner(s) to use the property or sell the property under the existing use district classification.

(5)

Evidence of need. The amount of undeveloped land in the general area affected which has the same use district classification as the map change requested. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes the public health, safety, morality or general welfare.

(6)

Public facilities impacts. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities and services.

(7)

Consistency with comprehensive plan. Whether the proposal is in conformity with the policy and intent of the locally adopted comprehensive plan.

(8)

Other conditions. Whether there are any other existing or changing conditions affecting the use and development of the property, which give supporting grounds for either approval or disapproval of the proposal.

A printed copy of these criteria shall be available for distribution to the general public from the planning and zoning office as well as at the scheduled public hearing.

(Res. No. 05-56, § (App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

In reviewing, recommending, and acting upon applications for conditional uses, the county planning and zoning director, the county planning commission and the county board of commissioners shall consider the following criteria for approval or disapproval as appropriate:

(1)

Access to the site is appropriate considering the anticipated volume of traffic resulting from the use;

(2)

The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved;

(3)

Hours and manner of operation of the proposed use are not inconsistent with the adjacent of nearby uses;

(4)

Public facilities and utilities are capable of adequately serving the proposed use;

(5)

The proposed use will not have a significant adverse effect on the level of property values or the health, safety and general welfare and character of adjacent land uses or the general area;

(6)

The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development;

(7)

The proposed use is consistent with the goals and objectives of the comprehensive plan;

(8)

Whether all pertinent and applicable requirements of this code, and all applicable state and federal laws have been met;

(9)

Any other factors deemed relevant to the county planning and zoning director, the county planning commission, or the county board of commissioners.

A printed copy of these criteria shall be available for distribution to the general public from the planning and zoning office as well as at the scheduled public hearing.

(Res. No. 05-56, § 12(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Prior to any public hearing or final decision of any zoning decision, the county planning and zoning director shall make an investigation of the application and shall prepare a written report thereon, considering applicable standards specified herein and to also include his/her evaluation of the applicable standards of said zoning decision. Such report shall be available to the public and the applicant on or before the date of publication of the public notice announcing the public hearing before the county planning commission or the county board of commissioners public meeting at which such zoning decision shall be considered. Said report shall be submitted to the county planning commission and the county board of commissioners, in cases where they have a role in the application as specified herein.

(Res. No. 05-56, § 13(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

The county planning commission shall consider all applications to amend the text of this article, the land use ordinance, land use intensity district map, and applications for conditional use permits. It shall render a recommendation to the county board of commissioners on all such applications, and the county planning commission's action and recommendation shall be advisory only. The county planning commission shall hold a public hearing on all such specified applications and shall conduct its review in accordance with the procedures established herein. The county planning commission may recommend approval, approval with conditions, or denial of the application. The county planning commission shall render a recommendation following the close of the public hearing or within 45 days after the public hearing on the application has been held. the county planning and zoning director shall notify the applicant in writing of the county planning commission's action or recommendation within 30 days of the conclusion of the public hearing or within 30 days of its recommendation if not made at the public hearing.

(Res. No. 05-56, § 14(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

This section establishes procedures, which shall, unless the context specifically indicates otherwise, be applicable to the county board of commissioners, the county planning commission, (hereafter referred to as the "public hearing body") in the conduct of all public hearings. Public hearings as are herein required shall be governed by the following policies and procedures for conducting public hearing, and the public hearing body shall follow such policies and procedures for the conduct of public hearings, except in cases where it is prudent to dispense with formalities in such cases where due process of the applicant or interested parties will be unaffected. A printed copy of these policies and procedures shall be available for distribution to the general public from the planning and zoning office as well as at the scheduled public hearing. Nothing contained herein shall be construed as prohibiting the public hearing body from conducting the public hearing in an orderly and decorous manner to assure the public hearing on a proposed application is conducted in a fair and orderly manner. These rules shall be public record and shall be made available at the public hearing.

(1)

Call of hearing. The presiding officer of the public hearing body shall indicate that a public hearing has been called for the consideration of said applications. Thereupon, the public hearing body shall consider each application on an individual basis in the order of the published agenda or as otherwise called by the presiding officer.

(2)

Report by county planning and zoning director. The presiding officer shall call upon the county planning and zoning director or other appropriate staff to make a report, if any, concerning the proposed application. The county planning and zoning director or other appropriate staff shall then give report, if any, for said application.

(3)

Presentation by applicant. The presiding officer shall call on the applicant or applicant's agent who shall present and explain his application. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes the public health, safety, morality or general welfare.

(4)

Determination of interested parties. Following the applicant's presentation, the presiding officer may ask for a show of hands of those persons who wish to appear in support of, or opposition to the petition. If it appears that the number of persons wishing to appear in support of, or opposition to the petition is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Proponents and opponents of each decision shall have at least ten minutes per side to present data, evidence and opinions on the proposed application.

(5)

Public testimony. Prior to speaking, each speaker will identify himself or herself and state his or her current address. Each speaker shall speak only to the merits or liabilities of the proposed application under consideration and shall address his or her remarks only to the public hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate these procedures.

(6)

Applicant's rebuttal. After public testimony, the applicant or applicant's agent shall be allowed a short opportunity for rebuttal and final comment.

(7)

Close of public hearing. After the above procedures have been completed, the presiding officer will indicate that the public hearing is formally closed, and the public hearing shall not be reopened except upon formal vote of the public hearing body; provided, however, that this provision shall not require the closure of a public hearing where at the discretion of the public hearing body the hearing should be continued at a later time or date.

(8)

Recess of hearing. The public hearing body, for any reason it deems necessary or desirable, may recess or continue a hearing. Upon recessing or continuing a hearing, the public hearing body shall announce the time, date and place when the hearing or hearings will be resumed and such public announcement shall be considered sufficient notice thereof to all persons.

(9)

Vote. After the public hearing is closed, the public hearing body may vote upon the proposed application. Prior to voting, the public hearing body shall consider evidence and public testimony presented at the public hearing, and the public hearing body shall apply the evidence to the applicable criteria specified in this code for said application. It will not be required that the public hearing body consider every criteria contained in this code, except for variances where all criteria for approving variances must be met. At such public hearings as herein required to be held by the county planning commission, the county planning commission at the conclusion of the public hearing, or within a specified time thereafter may by motion, send forth a recommendation for granting the application or a recommendation for denial of the application. If the county planning commission determines from the evidence presented that the applicant has shown that the proposed application is consistent the applicable criteria for said application, then the application shall be granted an approval recommendation, and such approval may be subject to those reasonable conditions as may be imposed by the county planning commission. The recommendation shall be forwarded to the county board of commissioners, within ten days after the official action has taken place, for a final decision of approval or denial.

(10)

Final approval or denial of an application. Upon receipt of the recommendation from the county planning commission, the county board of commissioners shall have 45 days to render a final decision by approving or disapproving of the recommendation, by approving it with modifications or conditions, or by remanding the matter with instructions to the county planning commission. Upon making this decision, the applicant shall be notified of the decision within 30 days of the date such decision is rendered.

(Res. No. 05-56, § S(App. A), 4-14-2005; Res. No. 06-48, § 27, 3-8-2006; Res. No. 23-101, 6-8-2023)

Any petition for an amendment to the text of this article, the land use ordinance, the land use intensity district map, or for a conditional use permit may be withdrawn at any time prior to the public hearing on said application, by the person or entity initiating such a request, upon written notice to the county planning and zoning director. No filing fee for said application will be refunded by county in the event of such withdrawal.

(Res. No. 05-56, § 16(App. A}, 4-14-2005; Res. No. 23-101, 6-8-2023)

In a case where an applicant for text amendment to this article, the land use ordinance, application for map amendment, or application for conditional use is denied by the county board of commissioners, or in the case of a variance application that has been denied by the county board of land use appeals, the same or substantially similar application shall not be eligible for resubmittal and reconsideration until a period of six months has elapsed from the date of said denial.

(Res. No. 05-56, § 17(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Copies of this land use procedures and standards ordinance, as amended, shall be printed and copies thereof made available for distribution to the general public in the offices of the planning and zoning of the county. Distribution to the general public shall be upon request of a member of the general public who shall be entitled to one copy. The office of the planning and zoning of the county is authorized to print copies of this article and any amendments thereto from time to time for purpose of public information.

(Res. No. 05-56, § 18(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

When a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily 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, such zoning decision must be adopted in accordance with O.C.G.A. § 36-66-4.

(a)

Each of the powers described in this article may be reviewed by the superior court of the county as follows:

(1)

Zoning decisions as described in this article, being legislative in nature, shall be subject to direct constitutional challenge regarding the validity of maintaining the existing zoning on the subject property or the validity of conditions or an interim zoning category other than what was requested in the superior court pursuant to its original jurisdiction over declaratory judgments pursuant to chapter 4 of title 9 and equity jurisdiction under title 23. Such challenges shall be by way of a de novo review by the superior court wherein such review brings up the whole record from the local government and all competent evidence shall be admissible in the trial thereof, whether adduced in a local government process or not and employing the presumption that a governmental zoning decision is valid and can be overcome substantively by a petitioner showing by clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the public health, safety, morality, or general welfare; or

(2)

Quasi-judicial decisions as described in this article and zoning decisions under subparagraph (E) of paragraph (4) of section 36-66-3 shall be subject to appellate review by the superior court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for such review as provided for in title 5. Such matters shall be reviewed on the record which shall be brought to the superior court as provided in title 5.

(b)

All such challenges or appeals shall be brought within 30 days of the written decision of the challenged or appealed action.

(c)

In accordance with O.C.G.A. § 36-66-5.1:

(1)

The county planning and zoning director shall have authority, without additional board or agency action, to approve or issue any form or certificate necessary to perfect the petition described in title 5 for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the regular offices of the local government; and

(2)

The chairman of the county board of commissioners shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the local governing authority, during normal business hours, at the regular offices of the local government.

(d)

An appeal or challenge by an opponent filed pursuant to this article shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the local government, officer, board, or agency from which or from whom the appeal or challenge is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the zoning decision or the quasi-judicial decision shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of title 5 or title 9, as appropriate.

(Res. No. 23-101, 6-8-2023)

(a)

Separability. Should any section or provision of this article be declared by a court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(b)

Repeal of conflicting resolutions and ordinances. All resolutions and ordinances and parts or resolutions and ordinances in conflict herewith are repealed.

(c)

Effective date. This article shall take effect and be enforced from and after its adoption, the public welfare of Gilmer County, Georgia requiring it.

(Res. No. 05-56, § 19(App. A), 4-14-2005; Res. No. 23-101, 6-8-2023)

Editor's note— Res. No. 23-101, adopted June 8, 2023, set out provisions intended for use as § 62-350. Inasmuch as there were already provisions so designated, said section has been codified herein as § 62-351 at the discretion of the editor.