10.00.01   Purpose

This ULDC sets forth the procedures for receiving, reviewing, and rendering decisions on applications for subdivisions, multi-family and nonresidential development, mixed use development, planned developments, rezoning, and all permits. This ULDC also sets forth the requirements for appealing decisions and for enforcement. It is the County's intent that the procedures and requirements set forth in this ULDC shall be followed in order to seek approval for any development.

10.00.02   Approvals Required

A.

No person shall develop any property within Gordon County without first obtaining an approved subdivision plat, an approved development plan, and permits to perform such activities. All development activities or site work conducted after approval of a development plan or subdivision plat shall conform to the specifications of such approved plat or plan.

B.

A plat of a land subdivision shall be recorded in the office of the Clerk of the Superior Court of Gordon County when approved as required by this chapter. The filing or recording of a plat of a subdivision without such approval is declared to be a violation of this ULDC.

C.

The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to, exhibition of, or other use of a plat of a subdivision that has not been given final approval as required by this chapter and recorded in the office of the Clerk of the Superior Court of Gordon County is prohibited, and the description by metes and bounds in such an instrument of transfer or other document shall not exempt the transaction from prescribed penalties.

D.

A building permit, or a sign permit in case of a sign, issued by Gordon County is required in advance of the initiation of construction, erection, moving, or alteration of any building, structure, or sign except for those specific situations which are exempted as set forth in this chapter.

E.

It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to commence construction of any building, or to commence the moving or alteration of any building until a building permit for such work has been issued.

10.00.03   Expiration of Approvals

A.

Any building permit or other permit shall become void if the work authorized by the permit has not begun within six (6) months after the date of issuance of the permit.

B.

If construction described in a building permit or other permit is suspended or abandoned after work has commenced, the permit shall expire twelve (12) months after the date that work ceased.

C.

The time period for which a permit is valid may be extended for one (1) or more periods of not more than ninety (90) days each where an application for such extension is filed and such extension has been granted in writing by the County Administrator.

10.00.04   Fees Required

A.

All applications shall be accompanied by payment of application fees, as set forth in the Gordon County Fee Schedule adopted by the Board of Commissioners. An application shall not be complete until all required fees are paid. Such fees shall include the filing fee, and where notice is required, shall include an additional fee to defray the expense of preparing and mailing such notices.

B.

For land clearing permits, a fee in addition to local permitting fees will be assessed pursuant to Georgia statutes. All applicable fees shall be paid prior to issuance of the land disturbance permit.

10.00.05   Requirements Regarding Developments of Regional Impact (DRI)

The Georgia Department of Community Affairs (DCA), pursuant to the Georgia Planning Act, has established criteria for the identification of certain large-scale developments, which have the potential to cause land use impacts beyond the boundaries of the respective local government where a project might be proposed. These developments, known as Developments of Regional Impact (DRIs), shall be submitted, based on established DCA standards, procedures, and format, to the Coosa Valley Regional Development Center (CVRDC) for review and recommendation prior to issuance of any local building or development permit, utility tap, or rezoning, whichever occurs first. As such, these requirements establish an official delay in the local permitting and/or review process to allow for compliance with these requirements.

10.00.06   Procedures for Conducting Public Hearings

The following rules of procedure shall govern public hearings pertaining to development subject to the provisions of this ULDC:

A.

Hearings before the Planning Commission.

1.

All persons who wish to address the Planning Commission at a hearing on the proposed zoning application under consideration by the Planning Commission shall first sign up on a form to be provided by the County Administrator prior to the commencement of the hearing.

2.

The Secretary of the Planning Commission will read the proposed zoning application under consideration and any county departmental reviews pertaining thereto prior to receiving public input on the proposed zoning decision. Proposed zoning applications shall be called in the order in which they were filed.

3.

The Secretary shall then call each person who has signed up to speak on the zoning application before the Planning Commission in the order in which the persons have signed up to speak.

a.

The applicant will always speak first.

b.

Prior to speaking, the speaker will identify himself or herself and state his/her current address.

c.

Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak.

4.

Each speaker shall be allowed sufficient time to address the Planning Commission concerning the zoning application then under consideration.

a.

It shall be the responsibility of the chairman of the Planning Commission to allocate sufficient time according to the complexity of the pending issue.

b.

One (1) member of the Planning Commission shall be designated as the time keeper to record the time expended by each speaker.

c.

Pursuant to O.C.G.A. § 36-66-5, and as amended from time to time, both proponents and opponents of any proposed zoning decision shall be given a minimum of ten (10) minutes per side for their presentation.

5.

Each speaker shall:

a.

Speak only to the merits of the proposed zoning application under consideration and shall address his remarks only to the members of the Planning Commission.

b.

Refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning application under consideration.

c.

The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

6.

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning application is conducted in a fair and orderly manner.

B.

Hearings before the Board of Commissioners

1.

All persons who wish to address the Board of Commissioners at a hearing concerning a proposed zoning decision or application under consideration by the Board of Commissioners shall first sign up on a form to be provided by the County Administrator prior to the commencement of the hearing.

2.

The Board of Commissioners chairman or his designee will read the proposed zoning decision or application under consideration and any department reviews pertaining thereto prior to receiving public input on such proposed zoning decision or application. Proposed zoning decisions or applications shall be called in the order in which they were filed.

3.

The Chairman of the Board of Commissioners or his designee shall then call each person who has signed up to speak on the zoning decision or application in the order in which the persons have signed up to speak.

a.

The applicant will always speak first.

b.

Prior to speaking, the speaker will identify himself or herself and state his/her current address.

c.

Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak.

4.

Each speaker shall be allowed sufficient time to address the Board of Commissioners concerning the zoning decision or application then under consideration.

a.

The County Clerk shall be designated as the time keeper to record the time expended by each speaker.

b.

Pursuant to O.C.G.A. § 36-66-5, and as amended from time to time, both proponents and opponents of any proposed zoning decision shall be given a minimum of ten (10) minutes per side for their presentation.

5.

Each speaker shall:

a.

Speak only to the merits of the proposed zoning decision or application under consideration and shall address his remarks only to the Board of Commissioners.

b.

Refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision or application under consideration.

c.

The Board of Commissioners may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

6.

Nothing contained herein shall be construed as prohibiting the Board of Commissioners from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision or application is conducted in a fair and orderly manner.

(Res. of 12-20-11)

10.00.07   Notice Requirements

A.

Before making a recommendation concerning a proposed rezoning or variance request, the Planning Commission shall hold a public hearing thereon.

B.

At least thirty (30) but not more than forty-five (45) days prior to the date of the public hearing, the Planning Commission shall cause to be published in a newspaper of general circulation within the County notice of the hearing.

1.

Such notice shall be published once a week for two (2) consecutive weeks in such newspaper.

2.

The notice shall state:

a.

The time, place and purpose of the hearing.

b.

Location of the property.

c.

Present zoning classification of the property.

d.

Proposed zoning classification of the property.

C.

A sign containing the required public notice information shall be placed by the applicant in a conspicuous location on the property not less than fifteen (15) days prior to the date of the hearing but not more than forty-five (45) days before the hearing.

D.

All applicants requesting a zoning change or variance request shall provide a copy of the application for zoning change or variance request by certificate of mailing. Notice shall be provided for:

1.

All abutting property owners of record, at their last known address.

2.

Applicants requesting a permit for a dry litter poultry operation shall also provide notice for all properties within one thousand (1,000) feet of the property for which the change in zoning is sought.

E.

The cost of the notices shall be borne by the applicant.

F.

On the date of the public hearing, all applicants requesting a zoning change or variance request shall present receipts for certificates of mailing to the Planning Commission.

(Ord. of 7-9-19(1); Ord. of 4-18-2023)

10.01.01   Pre-Application Conference Required

A.

A pre-application conference is a meeting between an applicant the County Administrator for the purposes of:

1.

Exchanging information on the potential development of a site;

2.

Providing information on permissible uses of the site proposed for development;

3.

Providing information to an applicant regarding the design standards set forth in this ULDC that are applicable to a potential application;

4.

Providing information to an applicant regarding standards of regional, state, or federal agencies that may be applicable to a potential application;

5.

Determining the need and requirements for supporting plans, documents, and studies;

6.

Providing information to an applicant regarding infrastructure requirements and the construction of required improvements; and

7.

Providing information to an applicant regarding the appropriate procedures and schedules for receiving and reviewing applications and rendering decisions regarding a potential application.

B.

Prior to the submission of an application for a subdivision plat, development plan, or improvements plan, an applicant shall submit a written request for a pre-application conference.

C.

A pre-application conference shall be held not more than two (2) weeks following the date of submission of the written request for such conference.

D.

A pre-application conference shall be held not more than six (6) months prior to submission of an application.

E.

The pre-application conference shall include, at a minimum, staff of the Building, Planning and Development office.

F.

It is the intent of the Board of Commissioners that all requirements be identified during the pre-application conference. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the pre-application conference, as a representation or implication that the proposal will be ultimately approved or rejected in any form.

G.

A prospective applicant may bring members of his project team, such as, but not limited to, the project engineer, land planner, architect, surveyor, or other person who will assist in the preparation of an application. A prospective applicant may provide an informal sketch plan to aid in the discussion. However, such an informal sketch plan shall not be reviewed in any way for compliance with the standards and requirements of this ULDC, and shall be used only as an aid to the conduct of the pre-application conference. A proposed subdivision plat, improvement plan, development plan, or other such plan shall not be considered or discussed during a pre-application conference.

(Res. of 12-20-11)

10.01.02   Determination of Completeness

All applications shall be complete before acceptance for review and decision making. A determination of completeness is a determination that all required documents and plans have been submitted in sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria.

10.01.03   Responsibilities for Final Action

The table below identifies the types of applications and the entity that is responsible for the final decision regarding the application.

Table 10.01.03
Types of Applications and Entity Responsible for Final Decision

¹ Building, Planning and Development office

(Res. of 12-20-11)

10.01.04   Reserved

Editor's note— Resolution of Dec. 20, 2011, deleted § 10.01.04, which pertained to procedures for action by the technical review committee.

10.02.01   Submittal Requirements for All Applications

A.

The following information shall be provided for all applications:

1.

An application form provided by Gordon County.

2.

Proof of ownership.

3.

When the applicant is a representative of the property owner, a notarized statement authorizing the representative to act as an agent of the property owner with regard to the application and associated procedures.

4.

A property survey containing the legal description, boundaries, land area, notation whether any portion of the property is within an environmental area regulated as set forth in Chapter 3, and existing improvements located on the site. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia.

5.

A vicinity map indicating the location of the site proposed for development.

6.

Proof of payment of fees.

7.

An affidavit to indicate the family relationship for applications involving family ties land divisions.

8.

Other information to support the application as specified in this chapter and as may be required by the County Administrator.

B.

All drawings, including maps, concept plans, development plans, and preliminary and final subdivision plats, shall conform to the following standards:

1.

All drawings shall contain the dates of preparation and the dates of any revisions.

2.

All drawings shall be at the same scale, and shall be a minimum of one (1) inch equals one hundred (100) feet.

3.

Drawing sheets shall be not larger than thirty (30) inches by forty-two (42) inches and shall be uniform in size for a submittal, except for final plats which shall be seventeen (17) inches by twenty-two (22) inches.

4.

All drawings shall contain a graphic and written scale and a north arrow with a notation referencing the bearings to magnetic north, astronomical north or grid north.

5.

All drawings shall contain the name, address, and telephone number of the preparer(s).

6.

Drawings for development proposed in phases shall contain all required information for the total site, for each phase, and shall depict phase lines on the drawings.

7.

All drawings shall contain the seal of the licensed professional preparing the drawings and computations.

C.

Required support data and plans. Applications for subdivision plat approval and development plan approval shall be accompanied by the required supporting data and plans as described below:

1.

All preliminary plats and development plans shall be accompanied by a stormwater management plan meeting the requirements of Chapter 6.

2.

Water bodies on the site or adjacent to the site, such as, but not limited to, streams, lakes, should be indicated on all plans.

3.

Development proposed within a water supply watershed protection district, groundwater recharge area protection district, river corridor protection district, or wetland protection district shall provide details to demonstrate compliance with the requirements set forth in Chapter 3, and shall contain the following information:

a.

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

b.

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

c.

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of two hundred (200) feet.

d.

The orientation and distance from the boundaries of the proposed site to the nearest bank of a protected river corridor.

e.

Elevations of the site and adjacent lands within fifty (50) feet of the site at contour intervals of no greater than two (2) feet and no greater than one (1) foot slopes less than or equal to two (2) percent.

f.

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

g.

All proposed temporary disruptions or diversions of local hydrology.

4.

All applications shall include the following information: current and proposed zoning, current and proposed use, adjacent uses, locations of public improvements and utilities, proposed structures or additions to existing structures and paved areas, and locations of existing or proposed streets.

5.

A landscape plan shall include sufficient information to determine whether the proposed landscape improvements are in conformity with the requirements of Chapter 4, including the following:

a.

Identification of all trees, natural features, and manmade structures that will be retained upon the site; and

b.

A description of proposed landscaping improvements and plantings, including the species, size, quantity, and location of trees, shrubs, and other landscaping materials.

6.

Whenever a development contains protected open space, a management plan shall be provided, demonstrating compliance with the standards for resource and open space protection set forth in Chapter 3 and in Chapter 4, if applicable.

7.

Whenever a development contains a floodplain or floodway, a floodplain management plan shall be provided, demonstrating compliance with the requirements of Chapter 3, and including the following information:

a.

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings;

b.

Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;

c.

Certificate from a registered professional engineer or registered land surveyor that a nonresidential floodproofed building will meet the floodproofing criteria in Chapter 3; and

d.

Description of the extent to which any watercourse will be altered or relocated as result of proposed development.

8.

Erosion and sedimentation control plans shall be provided to demonstrate compliance with Chapter 3. Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the "Manual for Erosion and Sediment Control in Georgia", published by the State Soil and Water Conservation Commission as a guide; or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and State laws. The following data shall be provided:

a.

Narrative or notes, and other information: Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

b.

Name and phone number of the twenty-four-hour local contact who is responsible for erosion and sedimentation controls.

c.

Delineation of disturbed areas within project boundary.

d.

Existing and planned contours, with an interval in accordance with the following:

e.

Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters, that "the installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities."

f.

Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas.

g.

Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for year-round seeding.

h.

Detail drawings for all structural practices. Specifications may follow guidelines set forth in the "Manual for Erosion and Sediment Control in Georgia".

i.

The following maintenance statement shall be provided: "Erosion and sedimentation control measures will be maintained at all times. If full implementation of the approved plan does not provide for effective erosion and sediment control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source."

10.02.02   Submittal Requirements for Building Permits

A.

All applications, except as provided in subsection (B) below, for building permits shall be accompanied by a recorded deed, a recorded plat, and a scaled site plan or survey in duplicate, showing:

1.

The actual dimensions of the lot to be built upon;

2.

The size of the building to be erected;

3.

The location of the building on the lot;

4.

The location of existing structures on the lot, if any;

5.

The number of dwelling units the building is designed to accommodate;

6.

The setback lines of buildings on adjoining lots;

7.

The layout of off-street parking and loading spaces;

8.

Such other information as may be essential for determining whether the provisions of this ULDC are being observed;

9.

Such other information as may be requested by the Building Inspector or required by any other County ordinance; and

10.

Certification by the applicant that he has complied with or will comply with the applicable Board of Health regulations, this ULDC, and all other applicable ordinances of Gordon County.

B.

Applications for accessory buildings located in agriculture and residential zoning districts are exempt from the requirements of subsection (A) above.

(Res. of 12-20-11)

10.02.03   Submittal Requirements for Subdivision Plats

A.

Sketch plat. In addition to the application requirements set forth in Section 10.02.01, the following information shall be required for a sketch plat:

1.

Boundary survey or a corrected tax map depiction of the tract.

2.

Rough sketch of the street and lot layout of the proposed subdivision.

3.

Existing roads.

4.

Property lines.

5.

Zoning of all properties abutting the proposed subdivision.

6.

The data provided shall be for the entire tract to be eventually subdivided.

B.

Construction plans. In addition to the application requirements set forth in Section 10.02.01, the following information shall be required for a construction plan:

1.

General

a.

Subdivision name.

b.

Name, address and phone number of the property owner(s) and developer.

c.

Name, address and phone number of the design firm.

d.

Submittal date and date of most recent revisions.

e.

Graphic scale.

f.

Vicinity map, with owner names and zoning shown for abutting properties.

g.

North arrow.

h.

Location and mean sea level elevation of the bench mark, when reasonably available.

i.

Land lot; section and district.

j.

Exact boundary lines of the tract indicated by a heavy line giving lengths and bearings.

k.

Ground elevations of the tract determined from field surveys or aerial photographs. The basis for the topographic information shall be shown. Contours shall be drawn at intervals of ten (10) feet, and shall be mean sea level contours.

l.

Natural features within the proposed subdivision, including drainage channels, bodies of water, and other significant features.

m.

Location of the 100-year floodplain, or a statement that no part of the property lies within the 100-year floodplain, by a State approved professional.

n.

All existing County roads which abut the property, showing right-of-way and pavement widths.

o.

Existing easements, city or County lines, utility lines, bridges, street culverts and similar features.

p.

Proposed street layout.

q.

Proposed lot layout, with approximate dimensions.

r.

Proposed street names.

s.

Phase lines, for subdivisions to be developed in phases.

t.

Lots numbered consecutively, disregarding phasing.

u.

Total number of lots, total acreage and lots per acre.

v.

Average lot size and minimum lot size.

w.

Present zoning of the tract, and the zoning of abutting land.

x.

Proposed use of the property.

y.

Proposed zoning of the tract, if to be rezoned, and the corresponding minimum lot size.

z.

Required setbacks for the proposed zoning.

aa.

Front yard setback line for each lot.

bb.

Indication of whether utilities will be located underground or overhead.

cc.

Proposed type of water and sanitary sewer service.

dd.

Any proposed easements.

ee.

Appropriate state approved professional's stamp.

2.

Roads and streets.

a.

Deceleration lanes at development entrances.

b.

The plan, profile and speed limit for the existing County road at the development entrance, demonstrating that the minimum horizontal and vertical stopping sight distances are satisfied.

c.

Future right-of-way, if additional right-of-way is required to bring an existing County road up to current standards.

d.

Profiles and typical sections for all proposed streets.

e.

Proposed street grades.

f.

Proposed lengths of all vertical curves.

g.

Vertical stopping sight distance at all proposed internal subdivision intersections.

h.

Street horizontal curve radii.

i.

All radii, curb setbacks, and taper details.

j.

Typical construction details.

k.

Street sign locations.

3.

Stormwater management.

a.

Topographic layout of the development at ten-foot contour intervals based on mean sea level datum with the storm drain layout.

b.

Location, size and length of the existing drainage structures with the drainage area.

c.

Description, by an appropriate state approved professional, demonstrating how the method of runoff control will not adversely affect downstream properties.

d.

Location, size, length and type of all proposed drainage structures.

e.

Drainage area to each inlet point of the drainage system.

f.

Ditch profiles.

g.

Ditch cross-sections at each point where there is a change in grade with velocity of the runoff.

h.

Hydrology study by a State approved professional, if deemed necessary.

i.

Location and elevations of the 100-year floodplain, or a statement that no part of the property lies within the 100-year floodplain by a State approved professional.

j.

Profiles of storm drainage pipes.

k.

All cross drain pipes shown on street profiles.

l.

Water travel stance in street between catch basins.

m.

Drainage at intersections, indicated by flow arrows on plan sheet.

n.

The method and calculations used to size all storm drainage structures.

o.

Easements for the drainage system.

p.

Dam breach zone, if an existing or proposed pond or lake is part of the proposed development.

q.

Cul-de-sac grading detail for steep downhill cul-de-sacs.

4.

Water and sewer layout. All water and sewer information shall be provided as required by the Water and Sewer provider, the Gordon County Fire Department and/or the Board of Health.

5.

Additional requirements:

a.

The sketch plat shall be submitted with the construction plans.

b.

The soil erosion and sedimentation control plan shall be submitted with the construction plans.

c.

Construction plans shall indicate placement of sidewalks if required or otherwise provided.

d.

If the development will utilize on site wastewater disposal, the location of all wells on or within one hundred (100) feet of the property shall be indicated, or a statement provided certifying that there are no such wells.

e.

The names of all utility companies serving the development.

f.

Standard utility placement cross section detail.

g.

Additional Utility Easements.

C.

Final plat. In addition to the application requirements set forth in Section 10.02.01, the following information shall be required for a final plat:

1.

The final plat shall include, at a minimum, the following items. The data required herein shall apply to the entire tract.

a.

Subdivision name.

b.

Name, address and phone number of the property owner and developer.

c.

Vicinity map.

d.

Submittal date.

e.

Graphic scale.

f.

North arrow.

g.

Name and address of surveyor or surveyor's firm.

h.

Surveyor's stamp and signature,

i.

Exact boundary lines of the tract, as determined by the field survey, indicated by a heavy line giving lengths and bearings.

j.

Field survey error of closure, not to exceed one (1) to ten thousand (10,000).

k.

Exact locations, right-of-way widths, and names of all streets and alleys within and immediately abutting the subdivision.

l.

Appropriate curve data for all streets.

m.

Land lot lines or the nearest existing street intersection shall be tied to the subdivision by bearings and distances.

n.

Lot lines with dimensions to the nearest tenth foot and bearings to the nearest minute.

o.

Lots shall be numbered consecutively, with no duplication of numbers. There will be no block lettering or phasing, division will be made by units.

p.

Lot areas in acres.

q.

All existing easements.

r.

All required storm drainage, water and sewer line easements.

s.

Any private easements for permanent ponds or lakes.

t.

Location and size of storm drains.

u.

For lots upstream of culvert road crossings, a statement shall be provided that finished floor elevations shall be no less than one (1) foot above the low point in the road.

v.

The location of the 100-year floodplain and a statement prohibiting house finished floor elevations lower than one (1) foot above the floodplain, or a statement that no part of the property lies within the 100-year floodplain.

w.

Location of any dam breach zone and a statement prohibiting the construction or location of any dwelling unit in this zone.

x.

Show all front yard setbacks, side yard setbacks on corner lots.

y.

Side and rear setbacks stated in notes.

z.

Any protective covenants, with deed book and page number information, or a statement indicating that there are no protective covenants.

aa.

Accurate locations and descriptions of all monuments and markers.

bb.

Surveyor's certification statement.

cc.

Owner's certification and dedication statements.

dd.

Board of Health certification statement, if required.

ee.

Planning Department certification statement.

ff.

Statement explaining plat changes, if the plat is being re-recorded,

gg.

References to recorded subdivision plats of abutting land by record name, plat book and page number.

hh.

Name of former subdivision, if any or all or the land had been previously subdivided.

ii.

Street address of each lot.

10.02.04   Submittal Requirements for Development Plans

A development plan is required for approval of all multi-family residential development and all nonresidential development. An application for development plan approval shall contain all of the applicable information set forth in Section 10.02.01 and the following additional information:

A.

A site development plan that demonstrates compliance with all design standards required for development in the zoning district in which the use is proposed. Such standards are set forth in Chapter 4.

B.

For development proposed within a designated overlay district, a site development plan shall be provided that demonstrates compliance with all design standards specified for the applicable overlay district, as set forth in Chapter 4.

C.

Where a Mixed Use development is proposed, a site development plan shall be provided that demonstrates compliance with the standards set forth in Chapter 4.

D.

When a proposed development contains one (1) or more uses that are subject to supplemental standards, a site development plan shall be provided that demonstrated compliance with all design standards for the specified use or uses, as set forth in Chapter 4.

E.

All site development plans shall contain details for proposed accessory uses and shall demonstrate compliance with the standards for such uses set forth in Chapter 5.

F.

The following specific information shall be provided:

1.

Proposed density (both gross and net).

2.

Location of all buildings and structures, showing setback lines, building orientation, and building height.

3.

For mixed use projects, drawing notes shall include a table summarizing the total amount of development in each use, the percentage of the total site, net density of proposed residential development.

4.

The location of all utility lines, utility easements, access easements and other easements.

5.

The distance to the nearest fire hydrant.

10.02.05   Submittal Requirements for Rezoning Applications

A.

Each application to amend the Official Zoning Map shall be filed with the Department of Building, Planning and Development.

1.

Applications shall be submitted in compliance with the following:

a.

A legal description of the tract to be rezoned.

b.

One (1) copy of a plat, drawn to scale, showing a north arrow, land lot and district, the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's seal shall be affixed to the plat.

c.

The present and proposed zoning district for the tract.

d.

Existing and intermediate regional floodplain and structures.

e.

The names and addresses of the owners of the land and their agents, if any.

B.

An application for rezoning approval related to a major subdivision, multi-family or non-residential use or zoning district shall be accompanied by a concept plan if any new construction is proposed or alteration of the site is required under the standards of the ULDC. The concept plan shall be prepared by an architect, engineer, landscape architect or land surveyor whose registration is current and valid. The preparer's seal shall be affixed to the plan. The plan shall meet the requirements of Section 10.02.01(B) and shall include the following additional information:

a.

Current and proposed use and zoning district classification.

b.

Adjacent uses and zoning district classifications.

c.

Water bodies on the site or adjacent to the site, in addition to the outline of the 100-year floodplain, if present.

d.

Location of public improvements and utilities.

e.

Proposed structures and paved areas.

f.

The proposed project layout including:

i.

For subdivisions, approximate lot lines and street right-of-way lines, as well as the location of the front setback line on each lot.

ii.

For multi-family and non-residential development projects, the approximate outline and location of all buildings, and the location and minimum building setback lines, outdoor storage areas, buffers, parking areas and driveways.

g.

Such other and additional information as may be requested by designated representative of the County or required by this section.

C.

All applications shall be sworn to be true and correct and shall be signed by the landowner requesting the zoning change or by his/her authorized agent.

(Res. of 12-20-11)

10.02.06   Submittal Requirements for Amendments to the Future Development Map

A.

Each application to amend the Future Development shall be filed with the Department of Building, Planning and Development. Applications shall include the following (See also Section 10.03.02):

1.

An identification of the geographic area in the County that is to have a revised classification under the applicant's proposal.

2.

All permitted land uses for the identified area under the existing Future Development Map.

3.

All changes to existing land use designations that are proposed by the application.

4.

All land uses immediately adjacent to the subject property under the existing land use plan.

5.

All reasons for the amendment application.

6.

Names and addresses of the owners of the land affected by the proposed amendment and their agents, if any, authorized to apply for an amendment.

7.

An initiating party shall also file any other information or supporting materials that are required by the County.

B.

All applications shall be sworn to be true and correct and shall be signed by the landowner requesting the map change by his/her authorized agent.

10.02.07   Submittal Requirements for Amendments to the Unified Land Development Code

A.

Applications for amendment of this ULDC shall be made in the form of proposals for amendments of the text, standards, and other criteria. Proposals to amend the Gordon County Zoning Map shall meet the requirements set forth in Section 10.02.05.

B.

In addition to the application requirements set forth in Section 10.02.01(A)(1) and (A)(6), the following information shall be provided:

1.

Identification of the specific provision proposed for amendment;

2.

The proposed modifications in a strikethrough and underline format;

3.

A detailed explanation of the rationale and justification for the requested amendment; and

4.

A detailed explanation of the potential impacts of the modification on the development of Gordon County.

10.02.08   Submittal Requirements for Amendments to Conceptual Development Plans and approved Development Plans

Amendments to development plans include changes to dimensional design features as depicted on a conceptual development plan or on an approved development plan. The application shall include the information required by Section 10.02.01 and shall be accompanied by a detailed description of the site design features proposed to be modified and a detailed explanation of the need for the modification.

10.02.09   Requirements regarding Letters of Credit and Performance Bonds

(Reserved)

10.02.10   Specifications for Digital File Submittals

(Reserved)

10.03.01   Building and Fire Inspection Permits

A.

Permit application

1.

Unless specifically exempted, any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing, or fire protection system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the Department of Building, Planning and Development and obtain the required permit, including fire inspection permit, for the work.

2.

The following situations do not require a building permit:

a.

Accessory buildings which are 120 square feet or less and do not require a branch circuit panel board and/or a utility service. Accessory buildings which do not require a building permit are still required to meet all setback requirements established in this ULDC.

b.

The following mechanical work:

i.

Any portable heating appliance;

ii.

Any portable ventilation equipment;

iii.

Any portable cooling unit;

iv.

Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this article;

v.

Replacement of any part which does not alter its approval or make it unsafe;

vi.

Any portable evaporative cooler;

vii.

Any self-contained refrigeration system containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less.

c.

Electrical work on any 120 volt branch circuit work involving two (2) circuits or less, provided that this work is done in an existing structure which otherwise would not require an additional building permit.

3.

Work authorized

a.

A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit.

b.

Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

4.

Minor repairs. Ordinary minor repairs may be made with the approval of the Building Inspector without a permit, provided that such repairs shall not violate any of the provisions of the technical codes.

5.

Information required. Each application for a permit, with the required fee, shall be filed with the Department of Building, Planning and Development on a form furnished for that purpose and shall contain the information required in Section 10.02.01 and shall include a general description of the proposed work and its location. The application shall be signed by the owner, or his authorized agent, and shall be accompanied by the following:

a.

The actual dimensions of the lot to be built upon;

b.

The size of the building to be erected;

c.

The location of the building on the lot;

d.

The location of existing structures on the lot, if any;

e.

The number of dwelling units the building is designed to accommodate;

f.

The layout of off-street parking and loading spaces;

g.

Such other information as may be essential for determining whether the provisions of this article are being observed; and

h.

Such other information as may be requested by the Building Inspector and/or Fire Inspector or required by any other County ordinance(s).

6.

Time limitations

a.

An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing for the permit, unless before then a permit has been issued. One (1) or more extensions of time for periods of not more than ninety (90) days each may be allowed by the Building Inspector for the application provided the extension is requested in writing and justifiable cause is demonstrated.

b.

Any building permit or other permit issued pursuant to this article shall become invalid unless the work authorized by it shall have been commenced within six (6) months of the date of issue or if the work authorized by the permit is suspended or abandoned for a period of one (1) year.

B.

Drawings and specifications

1.

Requirements

a.

One (1) copy of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit.

b.

Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes.

c.

Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used, as a substitute for specific information.

d.

All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design.

e.

Exception. No drawings or specifications shall be required for:

i.

Accessory buildings, except engineered metal buildings shall require design data from the manufacturer which indicates meeting load requirements of the Standard Building Code.

ii.

Agricultural buildings, except engineered metal buildings shall require design data from the manufacturer which indicates meeting load requirements of the Standard Building Code.

2.

Additional data

a.

The Building Inspector may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations.

b.

All drawings, specifications and accompanying data required by the Building Inspector to be prepared by an architect or engineer shall be affixed with their official seal.

3.

Design professional. The design professional shall be an architect or engineer legally registered under the laws of the state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following:

a.

All Group A (Assembly), Group E (Educational), and Group I (Institutional) occupancies.

b.

Buildings and structures three (3) stories or more high.

c.

Buildings and structures five thousand (5,000) square feet or more in area.

d.

For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered.

e.

Exception: Single-family dwellings, regardless of size, shall require neither a registered architect or engineer, nor a certification that an architect or engineer is not required.

4.

Structural and fire resistance integrity. Plans for all buildings shall indicate how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistance wall, floor or partition will be made for electrical, gas, mechanical, plumbing, signal and communication conduits, pipes and systems and also indicate in sufficient detail how the fire integrity will be maintained where required fire resistant floors intersect the exterior walls.

5.

Site drawings

a.

Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot.

b.

The Building Inspector may require a boundary line survey prepared by a qualified surveyor.

6.

Hazardous occupancies. The Building Inspector or Fire Inspector may require the following:

a.

General site plan

i.

A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent accessways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses.

ii.

The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored.

b.

Building floor plan

i.

A building floor plan drawn to a legible scale which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid-tight rooms, and evacuation routes.

ii.

Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class or the hazardous material stored.

C.

Examination of documents

1.

Plan review. The Building Inspector and Fire Inspector shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specifications, computations and additional data, and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the technical codes and all other pertinent laws or ordinances.

2.

Affidavits

a.

The Building Inspector and Fire Inspector may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes.

b.

For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and if accompanied by drawings showing the structural design, and by a statement that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability.

c.

The Building Inspector may, without any examination or inspection, accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Inspector copies of inspection reports as inspections are performed and, upon completion of the structure, electrical, gas, mechanical or plumbing systems, a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes.

d.

Where the Building Inspector relies upon such affidavit, the architect or engineer shall assume full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.

D.

Issuing permits

1.

Action on permits

a.

The Building Inspector or Fire Inspector shall act upon an application for a permit without unreasonable or unnecessary delay.

b.

If the Building Inspector and Fire Inspector are satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the technical codes or other pertinent laws or ordinances, the Building Inspector and Fire Inspector shall issue the appropriate permit to the applicant.

2.

Refusal to issue permit

a.

If the application for a permit and the accompanying contract documents describing the work do not conform to the requirements of the technical codes or other pertinent laws or ordinances, the Building Inspector and Fire Inspector shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit.

b.

Such refusal shall, when requested, be in writing and shall contain the reason for refusal.

E.

Contractors' responsibilities

1.

It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical, sprinkler or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing which the applicable governing authority may have adopted.

2.

In such case that the state requires a contractor to have obtained a state license before they are permitted to perform work, the contractor shall supply the local government with their license number before receiving a permit for work to be performed.

F.

Conditions of the permit

1.

Permit intent

a.

A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Inspector from thereafter requiring a correction of errors in plans, construction, or violations of this article.

b.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced.

c.

One (1) or more extensions of time, for periods of not more than ninety (90) days each, may be allowed for the permit.

d.

The extension shall be requested in writing and justifiable cause demonstrated.

e.

Permission for extensions shall be in writing by the Building Inspector.

2.

Permit issued on basis of an affidavit

a.

Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Inspector or Fire Inspector, are hazardous or complex, the Building Inspector or Fire Inspector shall require that computations be submitted by the architect or engineer who shall supervise such work.

b.

In addition, they shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Building Inspector a written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the technical codes.

c.

In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Inspector or Fire Inspector.

3.

Plans

a.

When the Building Inspector issues a permit, he shall endorse, in writing or by stamp, the set of plans "Reviewed for Code Compliance."

b.

The set of drawings so reviewed shall be returned to the applicant.

c.

The permitted drawings shall be kept at the site of work during normal business hours and shall be open to inspection by the Building Inspector or his authorized representative.

G.

Fees

1.

Prescribed fees.

a.

A permit shall not be issued until the necessary fees for such permit have been paid.

b.

Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the size of the building, structure, electrical, plumbing, mechanical or gas systems, etc., has been paid.

c.

All fees shall be as established from time to time by the Board of Commissioners and shall be posted in the Department of Building, Planning and Development.

2.

Work commencing before permit issuance

a.

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing systems, etc., before obtaining the necessary permits shall be subject to a penalty of one hundred (100) percent of the usual permit fee in addition to the required permit fees.

3.

Accounting. The Department of Building, Planning and Development shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof.

4.

Schedule of permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing of the application, in accordance with the fees as established by the Board of Commissioners.

5.

Building permit valuations

a.

If, in the opinion of the Building Inspector, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Inspector.

b.

Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor.

H.

Inspections

1.

Existing building inspections. Before issuing a permit, the Building Inspector:

a.

May examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy.

b.

Shall inspect all buildings, structure, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued.

c.

Shall make a record of every such examination and inspection and of all violations of the technical codes.

2.

Manufacturers and fabricators

a.

When deemed necessary by the Building Inspector, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication.

b.

A record shall be made of every such examination and inspection and of all violations of the technical codes.

3.

Inspections prior to issuance of certificate of occupancy or completion. The Building Inspector shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the certificate of occupancy or completion.

4.

Posting of permit

a.

Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises.

b.

The permit shall be protected from the weather and located in such position as to permit the Building Inspector or his representative to conveniently make the required entries thereon.

c.

This permit card shall be maintained in such position by the permit holder until the certificate of occupancy or completion is issued by the Building Inspector.

5.

Required inspections. The Building Inspector, upon notification from the permit holder or his agent, shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical code:

a.

Building

i.

Foundation inspection: To be made after trenches are excavated and forms erected.

ii.

Frame inspection: To be made after the roof, all framing, fire blocking and bracing are in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete.

iii.

Final inspection: To be made after the building is completed and ready for occupancy.

b.

Electrical

i.

Underground inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place.

ii.

Rough-in inspection: To be made after the roof, framing, fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes.

iii.

Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy.

c.

Plumbing

i.

Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place.

ii.

Rough-in inspection: To be made after the roof, framing, fire blocking and bracing are in place and all soil, waste and vent piping is complete, and prior to the installation of wall or ceiling membranes. This inspection shall include a pressure test which shall be performed by the contractor.

iii.

Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.

iv.

Note: See section 417 of the Standard Plumbing Code for required tests.

d.

Mechanical

i.

Underground inspection: To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place.

ii.

Rough-in inspection: To be made after the roof, framing, fire blocking and bracing are in place and all ducting and other concealed components are complete, and prior to the installation of wall or ceiling membranes.

iii.

Final inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy.

e.

Gas

i.

Rough piping inspection: To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected.

ii.

Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test which shall be performed by the contractor.

iii.

Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this article and to assure that the installation and construction of the gas system is in accordance with reviewed plans.

6.

Written release

a.

Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond the point indicated in each successive inspection without first obtaining a written release from the Building Inspector.

b.

Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing three (3) inspections.

7.

Reinforcing steel, structural frames, insulation, plumbing, mechanical, or electrical systems work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the Building Inspector.

8.

Plaster fire protection

a.

In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the Building Inspector after all lathing and backing is in place.

b.

Plaster shall not be applied until the release from the Building Inspector has been received.

I.

Certificate of occupancy

1.

Building occupancy

a.

A new building shall not be occupied or a change made in the occupancy, nature, or use of a building or part of a building until after the Building Inspector has issued a certificate of occupancy.

b.

Said certificate shall not be issued until all required electrical, gas, mechanical, plumbing, and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the Building Inspector.

c.

Issuing certificate of occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with all technical codes, reviewed plans and specifications, and after the final inspection, the Building Inspector shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of the technical codes.

d.

Temporary/partial occupancy. A temporary/partial certificate of occupancy may be issued for a portion of a building which may safely be occupied prior to final completion of the building.

e.

Existing building certificate of occupancy.

i.

A certificate of occupancy for any existing building may be obtained by applying to the Building Inspector and supplying the information and data necessary to determine compliance with the technical codes for the occupancy intended.

ii.

Where necessary, in the opinion of the Building Inspector, two (2) sets of detailed drawings, or a general inspection, or both, may be required.

iii.

When, upon examination and inspection, it is found that the building conforms to the provisions of the technical codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.

2.

Certificate of completion.

a.

Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a certificate of completion may be issued.

b.

This certificate is proof that a structure or system is complete, is released for use and may be connected to a utility system.

c.

This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a certificate of occupancy.

3.

Service utilities.

a.

Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the Building Inspector and a certificate of occupancy or completion is issued.

b.

Temporary connection. The Building Inspector may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy.

c.

Authority to disconnect service utilities.

i.

The Building Inspector shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes, in case of emergency where necessary to eliminate an immediate hazard to life or property.

ii.

The Building Inspector shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action.

iii.

If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

J.

Posting floor loads

1.

Occupancy

a.

An existing or new commercial building shall not be occupied for any purpose which will cause the floors thereof to be loaded beyond their safe capacity.

b.

The Building Inspector may permit occupancy of a building for mercantile, commercial or industrial purposes, by a specific business, when he is satisfied that such capacity will not thereby be exceeded.

2.

Storage and factory-industrial occupancies

a.

It shall be the responsibility of the owner, agent, proprietor or occupant of Group S and Group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity.

b.

All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed.

c.

The computations and affidavit shall be filed as a permanent record of the Department of Building, Planning and Development.

3.

Signs required.

a.

In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the Building Inspector on the plan, shall be marked on plates of approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate.

b.

Such plates shall not be removed or defaced and, if lost, removed or defaced, shall be replaced by the owner of the building.

(Res. of 12-20-11)

10.03.02   Procedures for Amendments to the Official Zoning Map (Rezoning)

A.

Initiation of amendments

1.

An application to amend the official zoning map may be initiated by the Planning Commission or be submitted to the Planning Commission by the Board of Commissioners or by any person having any interest in the County.

2.

Unless initiated by the Board of Commissioners or the Planning Commission, all applications to amend the official zoning map must be submitted by the owner of the affected property or by the authorized agent of the owner following the procedures set forth herein.

3.

If submitted by an agent of the owner, such authorization shall be notarized and attached to the application.

4.

An application for an amendment to the zoning map affecting the same property shall not be submitted more than once every twelve (12) months, such interval to begin on the date of the final decision by the Board of Commissioners.

5.

The twelve-month interval shall not apply to applications initiated by the Board of Commissioners or the Planning Commission, except for amendments to the zoning maps which were defeated by the Board of Commissioners, in which case the interval required for the subsequent applications shall be at least twelve (12) months.

6.

An application to alter conditions of rezoning may be submitted at any time.

B.

Withdrawn applications

1.

An application may be withdrawn without prejudice at any time prior to the first appearance of the legal advertisement required by Section 10.00.07.

2.

An application may be withdrawn prior to a vote on the amendment by the Planning Commission or prior to final action by the Board of Commissioners, but in such event an application for the same amendment may not be resubmitted for consideration by the Planning Commission for a period of six (6) months from the date of withdrawal.

3.

Unless withdrawn at the hearing, the withdrawal must be in writing, signed and dated by the applicant.

C.

Procedures

1.

Upon presentation of an application for a zoning change, the application shall be forwarded to the Planning Commission who will examine the property and make a recommendation to the Board of Commissioners for action on the application.

2.

The Planning Commission may recommend approval and/or the Board of Commissioners may approve a rezoning request conditioned upon the applicant complying with specified conditions, the Planning Commission and/or the Board of Commissioners deem reasonable and appropriate to carry out the purposes of this chapter and which are designed to harmonize applicant's request with the public interest.

3.

In the event the request is approved upon the compliance with certain conditions, the applicant will have so much time as may be granted to the applicant by the Board of Commissioners to comply with such conditions and if the applicant fails to comply with such conditions the rezoning request will be deemed denied.

4.

No building permits or other permits shall be issued until such time as the Building Inspector determines that the applicant has complied with the specified conditions.

5.

The application for a zoning change may be acted upon by the Board of Commissioners at the first meeting of the Board of Commissioners to which such application is submitted following the recommendation of the County Planning Commission.

6.

Such application shall be read at the first meeting of the Board of Commissioners following the recommendation of the Planning Commission, and may be acted upon by the Board of Commissioners following the presentation of both the proponents and the opponents to the proposed zoning decision.

7.

Action by the Board of Commissioners regarding proposed amendments to the official zoning map shall be taken at an advertised public hearing, and shall be based on the following information:

a.

Any County departmental reviews pertaining to the application;

b.

The recommendation of the Planning Commission;

c.

The application and supporting documentation; and

d.

Testimony during the public hearing.

D.

Zoning Standards. The County shall consider the following when considering an amendment to the zoning map:

1.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

2.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

3.

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

4.

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

5.

Whether the zoning proposal is in conformity with the policy and intent of the Future Development Map and Comprehensive Plan; and

6.

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

(Res. of 12-20-11)

10.03.03   Procedures for Amendments to the Future Development Map

A.

Initiation of amendments

1.

An application to amend the Future Development Map may be initiated by the Planning Commission or be submitted to the Planning Commission by the Board of Commissioners or by any person having any interest in the County.

2.

Unless initiated by the Board of Commissioners or the Planning Commission, all applications to amend the Future Development Map must be submitted by the owner of the affected property or by the authorized agent of the owner following the procedures set forth herein.

3.

If submitted by an agent of the owner, such authorization shall be notarized and attached to the application.

4.

An application for an amendment to the Future Development Map affecting the same property shall not be submitted more than once every twelve (12) months, such interval to begin on the date of the final decision by the Board of Commissioners.

B.

Procedures

1.

Proposed amendments to the Future Development Map will be considered cumulatively as a single amendment to the map on an annual basis, as follows:

a.

The Planning Commission shall review all requested map amendments in conjunction with all zoning requests made in a twelve-month period.

b.

Based on a review of said applications received in a given twelve-month period, the Planning Commission shall recommend to the Board of Commissioners proposed amendments to the Future Development Map.

c.

The Board of Commissioners shall review and act on recommended amendments to the Future Development Map annually, at a regularly scheduled meeting.

2.

Action by the Board of Commissioners regarding proposed map amendments shall be taken at an advertised public hearing, and shall be based on the following information:

a.

The recommendation of the Planning Commission;

b.

The applications and supporting documentation; and

c.

Testimony during the public hearing.

10.03.04   Procedures for Single Lot Development

A.

Residential Single Lot Development

1.

Residential single lot development which does not result in the construction of any new streets shall be exempt from the subdivision requirements of this ULDC.

2.

Residential single lot development shall be governed by the requirements contained in this ULDC.

3.

Any residential single lot development which results in land-disturbing activities, as defined in Section 3.06.00, shall obtain a permit as required by said section.

B.

Nonresidential Single Lot Development

1.

Nonresidential single lot development which does not result in the construction of any new streets shall be exempt from the subdivision requirements of this ULDC.

2.

In addition to meeting the requirements of this ULDC, nonresidential single lot developments shall meet the following requirements, and shall submit five (5) copies of site development plans to the County.

3.

Small additions, phases, or expansions to existing buildings which do not result in any negative site impacts are not required to submit site development plans.

4.

Electric substations, cellular telephone towers, water and sewer pumping stations, and similar uses which are not subject to public traffic and are limited in area to less than one and one tenth (1.1) acres are not required to submit site development plans. The County may require additional information if it is determined that these facilities may have a negative site impact.

5.

All proposed off-street parking lots shall meet all requirements of this ULDC, and be designed as illustrated in Standard Detail 209 "Off-street Parking".

6.

All driveways providing access to the street shall be designed as illustrated in Standard Detail 210 "Nonresidential Driveways" and Standard Detail 211 "Nonresidential Driveway Landing Requirements on Existing Streets". A deceleration lane will be required if the proposed development will generate more than five hundred (500) ADT, as determined in the current edition of ITE's Trip Generation manual.

7.

Stormwater Management

a.

Stormwater management structures shall be provided by the developer as required in Chapter 3 and Chapter 6 of this ULDC.

b.

All proposed stormwater management structures shall be designed and certified by an appropriate state approved professional, and shall be subject to the approval of the County.

c.

Stormwater management structures shall be designed based on a twenty-five-year storm event. The drainage formula used in design of all drainage structures shall be determined by the developer's appropriate state approved professional and based on sound engineering practice.

d.

Energy dissipation devices shall be installed at all discharge points of storm drains-in compliance with the approved soil erosion and sediment control plan. At a minimum, an area of rip rap six (6) times the pipe diameter in length and two (2) times the pipe diameter in width shall be provided. If the exit velocity from the pipe will exceed ten (10) fps, rip rap set in concrete, stilling basins, baffle wall basins, impact blocks or other energy dissipation devices approved by the County shall be required.

e.

All pipes in a County right-of-way shall be a minimum of eighteen (18) inches in diameter. No storm drain pipe parallel to any existing or proposed County roads shall be placed beneath a proposed deceleration lane without the approval of the County.

f.

Each site shall be analyzed for stormwater runoff flow patterns. Where a wet weather stream exists between a proposed road and the building line on a lot, the design professional shall size the driveway culvert as if the driveway was at the lowest point on the lot. The construction plans and the final plat shall show the minimum driveway pipe size required.

g.

All developments shall be required to submit a hydrology study certified by an appropriate state approved professional which shall discuss the effects of off-site drainage, increased runoff from the site, and existing conditions downstream of the development. The study shall show that drainage from this development will not adversely affect downstream property owners within the limits stated below.

h.

If hydrologic studies and examination show that the proposed development will increase stormwater runoff by more than seven (7.0) cfs for a 100-year storm, then the proposed development shall be required to include storage and release mechanisms such that rainwater from impervious areas will leave the site at the same rate, over the same period, as was characteristic of the unmodified site. No building permit shall be granted unless storage and release is provided for the water volume generated by a 100-year storm.

i.

The following criteria shall be used in determining the needs for detention facilities:

i.

If the amount of increased runoff due to the development is no more than seven (7.0) cfs for a 100-year storm, detention facilities are not required if downstream street culverts are adequately sized to pass the 100-year storm without overtopping the road.

ii.

If the development abuts and drains into a studied stream, detention facilities are not required, provided that existing street culverts are adequately sized to pass the 100-year storm without overtopping the road and the property immediately upstream of the culvert is undeveloped. The County may determine that the detention facility requirement can be waived if the developer upgrades the street culvert.

iii.

If there are adequately sized street culverts downstream of the proposed development that will pass a 100-year storm without overtopping the road and the runoff can be adequately conveyed to a studied stream, then no detention facilities are required.

iv.

If the downstream system is inadequate to pass the 100-year storm, the developer is required to detain the increased runoff (provided the runoff increase is greater than seven (7.0) cfs for a 100-year storm), and only release that amount of runoff produced by the property prior to development. The hydrology study necessary to design retention and detention facilities must be certified by an appropriate state approved professional.

j.

Detention facilities shall be designed for the two-, five-, ten-, 25-, 50- and 100-year storm events. The reservoir routing methods or an equivalent method shall be used in sizing the detention facility. The bowstring method is not allowed.

k.

The emergency outflow device for the detention facility shall be designed to pass the 100-year developed inflow without overtopping the dam.

l.

Detention facility discharge locations shall be in defined drainage ditches. The developer's appropriate state approved professional shall include in the hydrology study a discussion of existing conditions downstream of the detention facility and show that downstream property owners will not be adversely affected by the concentrated runoff.

m.

Adequate access shall be provided for maintenance of all detention facilities.

n.

On a detention pond the steepest fill slopes shall be 2:1, and the steepest cut slopes shall be 2:1.

o.

Fences a minimum of five (5) feet in height with a minimum ten-foot wide gate will be required on all detention ponds where the sides of the pond have a slope of two (2) horizontal to one (1) vertical or greater and the depth of water in the pond is greater than two (2) feet at one (1) hour after the duration of the storm event. Normally dry headwater pools are exempt from the fencing requirement.

8.

Traffic studies shall be required for all nonresidential single lot developments generating more than four thousand (4,000) ADT. Such studies will, at a minimum, address the level of traffic generated by the proposed development and its distribution on the existing road network; and the need for acceleration lanes, deceleration lanes, left turn lanes, other additional lanes and traffic signals on all existing and proposed roadways.

9.

Any nonresidential single lot development which results in land-disturbing activities, as defined in Section 3.06.00, shall obtain a permit as required by said section.

10.

Nonresidential site development plans shall, at a minimum, contain the following items:

a.

Name of proposed business.

b.

Name, address, and phone number of the property owner(s) and developer.

c.

Name, address, and phone number of the design firm.

d.

Submittal date and date of most recent revisions.

e.

Graphic scale.

f.

Vicinity map, with owner names and zoning of abutting properties.

g.

North arrow.

h.

Land lot, section, and district.

i.

Exact boundary lines of the tract indicated by a heavy line giving lengths and bearings.

j.

Ground elevations of the tract determined from field surveys or aerial photographs. The basis for the topographical information shall be shown. Contours shall be drawn at intervals of ten (10) feet and shall be mean sea level contours.

k.

Proposed grading, if different than existing contours.

l.

Location of the 100-year floodplain, or a statement that no part of the property lies within the 100-year floodplain.

m.

All existing County roads which abut the property, showing right-of-way and pavement widths.

n.

Existing easements, city or County lines, utility lines, bridges, street culverts, and similar features.

o.

Present zoning of the tract, and the zoning of the abutting land.

p.

Proposed zoning, if different from the existing zoning.

q.

A statement of the required setbacks for the proposed zoning.

r.

The front, rear, and side setback lines shown graphically.

s.

Total acreage of the site.

t.

State approved design professional's stamp and signature.

u.

Deceleration lanes at development entrances.

v.

Dimensions of turning radii.

w.

The plan, profile, and speed limit for the existing County road at the development entrance, demonstrating that the minimum horizontal and stopping sight distances are satisfied.

x.

Future right-of-way, if additional right-of-way is required to bring an existing County road up to current standards.

y.

Detail for paving on right-of-way.

z.

Curb and gutter detail.

aa.

Details of temporary construction exits at all construction access points to County roads.

bb.

Location, size, length, and type of all existing and proposed drainage structures.

cc.

Drainage area to each inlet point of the drainage system.

dd.

Hydrology study by state approved professional; if detention ponds are required.

ee.

Proposed type of water and sanitary sewer service.

ff.

All water and sewer information in the applicable Water and Sewer Department construction documents or the Board of Health documents.

gg.

Location of nearest existing fire hydrant.

hh.

The soil erosion and sedimentation control plan shall be submitted with the commercial site plans.

ii.

Proposed off-street parking facilities, including dimensions of the parking lot, location of parking spaces, and maneuvering aisles.

jj.

The proposed finished floor elevations of all buildings.

kk.

A standard detail of a commercial driveway entering a street.

ll.

The location, height, and size of any proposed signs.

mm.

The centerline of the nearest existing driveway or street if there is one within 100 feet of the proposed entrance centerline.

nn.

Location and mean sea level elevation of the bench mark.

oo.

Description, by a registered engineer, demonstrating how the method of runoff control will not adversely affect downstream properties.

pp.

Placement of sidewalks if required or otherwise provided.

qq.

Names of all utility companies, and indication of whether utilities will be located underground or overhead.

rr.

Any proposed easements.

ss.

Certification that a water flow test has been performed specifically for this project within the past twelve-month period of time.

11.

Exceptions. For electrical substations, cellular telephone towers, water and sewer pumping stations on sites with a project area measuring less than one and one tenth (1.1) acres, the following items may be eliminated from above listing of required items on site plans: (u), (v), (w), (z), (aa), (dd), (ee), (ff), (gg), (ii), (kk), (mm), (pp), (qq), and (ss).

10.03.05   Subdivisions—Generally

A.

When any subdivision of land is proposed, and before any permits for development of the subdivision are granted, the developer or his authorized agent shall apply for and secure approval of the proposed subdivision in accordance with this ULDC.

B.

Any subdivision of land, including for the purpose of auction, requires approval by Planning Department. Prior to subdivision of any property and prior to recording said subdivision with the County clerk's office, the property owner or his or her representative shall first receive written approval from the Planning Department to ensure the proposed subdivision meets the standards of this ULDC.

C.

For the purpose of auction, the Planning Department shall determine the extent of required compliance with the standards of this ULDC prior to the sale of a subject property.

D.

All fees for subdivision approval shall be established from time to time by resolution of the Gordon County Board of Commissioners.

E.

Single lot developments shall meet the requirements contained in Section 10.03.03.

(Res. of 12-20-11)

10.03.06   Procedures for Minor Subdivisions

A.

Minor subdivisions include up to four (4) lots created in compliance with the zoning district lot standards set forth in Chapter 4 and subdivisions which do not involve the platting, construction, or opening of new streets, water, or sewer facilities.

B.

If the cumulative number of lots subdivided from the parent tract exceeds four (4) lots, the proposed subdivision shall be subject to the requirements in this ULDC pertaining to a major subdivision.

C.

Applications for minor subdivisions shall be submitted in the form of a final plat, provided that essential data required by the reviewing agencies to insure compliance with the intent of these regulations is submitted. Essential data includes a proper soils inventory, a contour map, and necessary percolation tests.

D.

The Planning Department is authorized to review and take final action to approve, approve with conditions, or deny the final plat.

(Res. of 12-20-11)

10.03.07   Procedures for Exempt Plats

An exempt plat includes existing lots for which a new survey or plat has bee prepared, a parcel resulting from public acquisition, or the creation of one (1) lot in the A-1 or RA-1 zoning district. An exempt plat may be approved by the Planning Department provided that the plat meets the following requirements:

A.

If a new lot is proposed, a map and parcel number must be assigned by the Gordon County Board of Tax Assessors.

B.

If an existing lot has been re-surveyed, the map and parcel number must be verified by the Tax Assessors office.

C.

Any newly created lot shall meet the lot standards set forth in Section 4.01.01.

D.

Any newly created lot shall not cause the cumulative number of lots subdivided from a parent tract to exceed four (4) lots.

E.

One (1) original and five (5) copies shall be submitted.

(Res. of 12-20-11)

10.03.08   Procedures for Subdivision Sketch Plat

A.

Prior to submitting construction plans, the developer, or his authorized agent, shall review the subdivision plans with the Planning Department.

B.

The developer shall present the sketch plat information specified in Section 10.02.03(A).

C.

It is the intent of the sketch plat review that the developer may familiarize himself with these regulations and the procedures of subdivision approval.

D.

It is a further intent that the Planning Department may review and comment on the plans before significant design investments are made by the developer.

E.

The Planning Department representative shall provide written notice that the sketch plat meets the requirements contained in this ULDC discussion of the sketch plat has occurred.

F.

If the property is not properly zoned, the applicant must submit an application for rezoning as specified in this ULDC.

(Res. of 12-20-11)

10.03.09   Procedures for Subdivision Construction Plan

A.

Following the review of the sketch plat, the developer shall submit to the Planning Department five (5) sets of copies of the subdivision construction plans, or six (6) sets if on-site wastewater disposal is proposed. The Planning Department shall distribute the plans to the reviewing entities as follows (if applicable):

1.

Building, Planning and Development Department.

2.

Engineering Consultants (if applicable).

3.

Water and Sewer Utility Provider.

4.

Gordon County Soil Conservation Service.

5.

Gordon County Board of Health (if applicable).

6.

Gordon County Public Works Department.

7.

Gordon County Fire Department.

8.

Any other department as deemed necessary by the Planning Department.

B.

The construction plans shall be prepared and certified by an appropriate state approved professional, and shall include such information as will allow each reviewing entity to assess the proposed development for conformance to the applicable Gordon County regulations and standards. Specific information required to be included with the construction plans is listed in Section 10.02.01.

C.

Each reviewing entity shall review the construction plans and indicate their written approval or disapproval, providing the reasons for such disapproval. All copies will then be returned to the Planning Department, who will notify the developer of the results. If a reviewing entity takes no action within fifteen (15) consecutive calendar days from the date of submittal of the construction plans, the plans shall be considered approved and certification of approval issued on demand.

D.

The developer shall then revise the construction plans based on the comments of the individual reviewing entities, and resubmit the plans only to those reviewing entities which did not grant approval. This process shall continue until all reviewing entities approve the construction plans.

E.

After approval is granted by all reviewing entities, the developer shall prepare seven (7) sets of the revised construction plans (eight (8) if on-site wastewater disposal is proposed) and return these to the Planning Department. The Planning Department shall have each set stamped or signed by each of the reviewing entities and shall affix the Gordon County approval stamp on each set. The Planning Department shall then distribute a set of approved plans to each reviewing entity, and one (1) set to the developer for construction.

F.

Revisions to the approved construction plans may be accomplished by the developer coordinating directly with the applicable reviewing entity. Approved revisions will be sent to the Planning Department and the developer to be attached to the approved plans. Minor revisions to the final construction plans may be made by the individual reviewing entities in indelible red ink and initialed on all sets of plans.

G.

The land disturbance permit will be issued only after construction plans have been approved. The Planning Department shall be notified by the developer before actual construction begins, and at such stages in the construction process as stipulated in these regulations. A clearing and grubbing permit may be issued before tile construction plans are approved it a detailed soil erosion control plan prepared by an appropriate state approved professional is submitted. Such plan shall include analysis of storm water runoff and hydrology, and shall be approved by the Planning Department. The clearing and grubbing permit shall not authorize any grading work to be done. All requirements of the Land Disturbing Permit shall be in place prior to any building permit being issued for the development.

H.

Further, prior to beginning any work on a new development advance warning signs with speed reduction advisory plats shall be placed on connecting thoroughfares at one thousand (1,000) feet and five hundred (500) feet points on either side of the intersection. The signing shall be reviewed and approved by the Road Department prior to commencing work. This signing detail shall be shown on the construction plans.

I.

See Section 6.01.05 concerning DOT permits and approvals on state routes.

(Res. of 12-20-11)

10.03.10   Procedures for Subdivision Final Plat

A.

Generally

1.

After completion of physical development of the subdivision or the posting of a performance guarantee for any unfinished or any unacceptable portion, the developer shall submit to the Planning Department seven (7) copies of the final plat (eight (8) copies if on-site wastewater disposal has been provided).

2.

The final plat shall be reviewed for conformance with the approved construction plans, the requirements of these regulations, and any special conditions or restrictions imposed by the Planning Department or any other reviewing entity.

3.

Final approval shall be granted provided the final plat is substantially the same as the approved construction plans, fulfills all conditions specified by the Planning Department or any other reviewing entity and contains all of the specifications set forth in Sections 10.02.01 and 10.02.03. Approval shall be so indicated on all copies of the final plat, and include the signatures of the Planning Department representative, the reviewing professional and the date of approval.

4.

The Planning Department representative and/or other designated reviewing party may find the final plat in conflict with the approved construction plans or with these regulations, requiring the disapproval of the final plat. A statement of the reasons for disapproval shall be placed on all copies of the final plat. The original plat shall be returned to the subdivider. The final plat may be resubmitted for a new review for approval after the corrections noted by the Planning Department and/or other designated reviewing party are made.

B.

Recording of the final plat. Once the final plat has been approved and all required improvements complete, or a performance guarantee posted for any improvements not complete, the final plat shall be presented by the developer to the Clerk of the Superior Court of Gordon County for recording.

C.

Approval of improvements

1.

At the time that all required improvements have been completed, the County shall conduct an inspection of all improvements.

2.

If the County finds upon inspection that all improvements meet the requirements of Gordon County, the County Administrator or his designee shall provide written notice of acceptance to the developer. If a performance guarantee has been posted, it shall be released at this time.

3.

If the County finds, upon inspection, that the improvements do not meet the requirements of Gordon County, he shall provide the developer with written notice detailing the reasons for his rejection of the improvements.

4.

The reviewing professional shall make a review and confirmation of the hydrologic and geometric requirements established in this ordinance and shall conduct a site visit to confirm that the said geometries and hydrologic design will perform based on the specifics of the subject site.

D.

Performance guarantees. A developer who wishes to submit a final plat and has not completed the required improvements shall submit a performance guarantee. The amount of such guarantee shall be set by the County based on an estimate of construction costs prepared by the appropriate state approved design professional, and shall be that amount necessary to cover the construction costs of any improvements not finished to meet the standards of these regulations.

E.

Warranty. The developer shall provide a warranty to the County for all improvements in the subdivision. Such warranty shall be for a period of twelve (12) months.

F.

As-Built Plans

1.

Two (2) copies of the as-built plans required by Gordon County for the subdivision shall be submitted by the developer before the final plat is approved.

2.

All as-built plans shall be prepared by an appropriate state approved professional certifying a field run survey of as-built conditions.

3.

As-built plans that provide plan and profile, vertical grade data, including storm drainage, shall be submitted at the time the project is complete.

G.

Official acceptance of improvements

1.

After the final plat has been approved and recorded, and performance guarantees have been released, the Gordon County Board of Commissioners may officially accept the subdivision improvements.

2.

Such acceptance shall be made as an item of business conducted at a regular meeting of the Gordon County Board of Commissioners.

3.

A right-of-way deed and clear title of right-of-way to be deeded to the County must be prepared by the attorney of the person proposing to deed a road(s) to the County per the instructions of the County Attorney.

H.

Approval of revisions to a recorded plat. Proposed revisions to a recorded plat which do not affect platted rights-of-way shall be submitted for review and approval by the Planning Department. A revision to a recorded plat shall show the name, phase (if any), date of the recorded subdivision plat being revised, and the exact citation with regard to the County Land Records and the book and page number wherein said plat is recorded. Revisions to a recorded plat which involve platted rights-of-way or other major changes shall be submitted as a preliminary plat.

(Res. of 12-20-11)

10.03.11   Land Disturbance Permit (See 3.06.04)

10.03.12   Right-of-Way Utilization Permit (Reserved)

10.03.13   Tree Removal Permit (Reserved)

10.03.14   Temporary Use Permit (Reserved)

10.04.01   Appeals to the Board of Zoning Appeals

A.

Appeals to the Board of Zoning Appeals (BZA) may be taken by any person aggrieved by any officer, department, board, or bureau of the County or affected by any decision of the County Administrator or his designee(s) in the administration and enforcement of this ULDC.

1.

Such appeal shall be taken within thirty (30) days from the date the appellant is notified of an adverse decision of the County by filing with the Secretary of the BZA a notice of appeal specifying the grounds thereof.

2.

The County Administrator shall transmit to the BZA all the documentation constituting the record upon which the action appealed from was taken.

10.04.02   Stay of Proceedings

An appeal stays all proceedings in furtherance of the action appealed from, unless the County Administrator certifies to the BZA after the notice of appeal shall have been filed with the Secretary of the BZA, that by reason of facts stated in the certificate, a stay would, in the County's opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a stay granted by the BZA or by a restraining order issued by a court of record on application, on notice to the Building Inspector, and for due cause shown.

10.04.03   Powers of the Board of Zoning Appeals

A.

The Board of Commissioners may designate the Gordon County Planning Commission to serve as the Board of Zoning Appeals.

B.

The Board of Zoning Appeals (BZA) shall have the following powers and duties:

1.

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the County in the enforcement of this ULDC.

2.

To authorize upon appeal in specific cases such variance from the terms of this ULDC as provided in Section 9.02.00.

3.

In exercising its powers, the BZA may, in conformity with the provisions of this ULDC, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that end shall have all the powers of the Building Inspector or any other agent authorized by the Board of Commissioners to enforce this chapter and may issue or direct the issuance of a building permit.

10.04.04   Procedures of the Board of Zoning Appeals

A.

Notice of such hearing on the request for a variance and/or appeal shall be advertised once a week for two (2) consecutive weeks in a newspaper of general circulation in the County; provided, however, that at least one (1) notice of such hearing shall be advertised in the newspaper in which the County regularly publishes its public notices; the first date of such publication shall be at least fifteen (15) days prior to but not more than forty-five (45) days prior to the date of such public hearing. The cost of the advertisement shall be borne by the applicant.

B.

The applicant for such variance and/or appeal shall also give actual notice of the request for variance and/or appeal and the public hearing thereon to all property owners adjoining the property for which the variance and/or appeal is requested. The notice shall be given to the adjoining property owners either in person or by certified mail, return receipt requested, to the last known address of such adjoining property owner. The actual notice must be given no later than ten (10) days prior to the date of said scheduled public hearing. If notice is given by certified mail, the notice shall be deemed received three (3) business days after the postmark of the notice. If actual notice of the hearing is given in person, then the applicant shall furnish to the Department of Building, Planning and Development, prior to the scheduled hearing, and acknowledgment of the notice, which has been signed and dated by the person receiving the notice and witnessed by an individual other than the applicant. (Please Note: Reliance on the Tax Assessors records may not provide the applicant with the most recent owners of record.)

C.

The notice required herein to be published and to be served upon adjacent property owners shall contain the following information:

1.

Name and address of the applicant;

2.

Address and location of the property for which the variance and/or appeal is sought;

3.

Current zoning of the property for which the variance and/or appeal is sought;

4.

The variance and/or appeal requested and the reason for the requested variance and/or appeal; and

5.

The date, time and place of the public hearing on such requested variance and/or appeal.

D.

The hearing herein referred to shall be conducted as follows:

1.

All persons who wish to address the board of appeals at a hearing concerning an appeal under consideration by the board of appeals shall first sign up on a form to be provided by the secretary prior to the commencement of the hearing.

2.

The secretary will read the proposed appeal under consideration, and any County departmental reviews pertaining thereto, if any, prior to receiving public input on the proposed appeal. Appeals shall be called in the order in which they were filed.

3.

The secretary of the board of appeals shall then call each person who has signed up to speak on the appeal before the board of appeals in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his or her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak.

4.

Each speaker shall speak only to the merits of the proposed appeal under consideration and shall address his remarks only to the members of the board of appeals. Each speaker shall refrain from personal attacks on any other speaker, the board, or the discussion of facts or opinions irrelevant to the proposed appeal under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

5.

Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on the appeal is conducted in a fair and orderly manner.

E.

All applications shall be accompanied by a fee to be established by the Board of Commissioners from time to time.

F.

The concurring vote of a majority of the members present of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation of this chapter.

G.

On all appeals, applications and other matters brought before the board of appeals, the board shall inform, in writing, all the parties involved of its decisions and the reasons therefor.

(Res. of 12-20-11)

10.04.05   Appeals from a Decision of the Board of Zoning Appeals

A.

Recourse from a decision by the Board of Zoning Appeals shall be to the Board of Commissioners following the same procedures as set out for an appeal to the Board of Zoning Appeals.

B.

Recourse from a decision of the Board of Commissioners shall be to a court of competent jurisdiction by the filing of an appeal within thirty (30) days of the decision.

10.05.01   Jurisdiction

The jurisdiction for actions brought pursuant to this ULDC shall be in the Magistrate Court of Gordon County.

10.05.02   Violations

It shall be a violation of this ULDC to:

A.

Use or develop property without a permit required by this ULDC for such use or development;

B.

Use or develop any property for use that is not permissible in the applicable zoning district;

C.

Use or develop property in violation of the conditions and limitations for such use or development set forth in this ULDC;

D.

Construct or move any structure in violation of the applicable provisions of this ULDC.

10.05.03   Enforcement

A.

The County Administrator shall be responsible for enforcement of the provisions of this ULDC.

B.

If any building or structure is erected, constructed, moved, added to, demolished, structurally altered, maintained or used in violation of this ordinance, any appropriate authority or any property owner whose property would be damaged by such violation may file a written complaint with the County Administrator stating fully the causes and basis for the complaint.

C.

The County Administrator shall provide a written notice of an alleged violation of this ULDC to the property owner. The written notice shall indicate the nature of the violation and the necessary action to correct or abate the violation.

D.

Gordon County or any other owner of real estate who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to stop the violation.

10.05.04   Penalties

A.

No further County permits shall be issued or inspections provided until all violations of this ULDC are corrected and accepted by the County Administrator.

B.

No certificate of occupancy shall be granted unless and until the all corrective actions have been completed or a performance bond satisfactory to the County is submitted and approved.

C.

Each day such violation continues shall be deemed a separate offense.

D.

Any such person convicted of violating any provision of this ULDC shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or sixty (60) days imprisonment, or both for each violation.

10.05.05   Remedies

A.

Buildings and use of land. In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this ULDC, the County Administrator or any person who would be damaged by such violation, in addition to other remedies, may seek injunctive, mandamus or other appropriate relief to prevent the violation in the case of each building or use of land.

B.

Subdivision

1.

The owner or agent of the owner of any land to be subdivided within the County who transfers or sells such land by reference to or exhibition of, or by other use of a plat to subdivide such land before such plat has been approved pursuant to this ULDC and recorded in the office of the Clerk of the Superior Court of Gordon County, or before such performance guarantees have been posted as required in this ULDC, shall be guilty of a violation of a County ordinance and, upon conviction thereof shall be punished up to the maximum as provided by Georgia law (O.C.G.A. § 17-10-3).

2.

The description by metes and bounds in the instrument of transfer by other document used in the process of selling or transfer shall not exempt the transaction from such penalties without County approval.

3.

The local government, through its attorney or other official designated by the Board of Commissioners, may enjoin such transfer or sale or agreement by appropriate action.

4.

No plat or plan of subdivision within the County shall be filed or recorded in the office of the Clerk of the Superior Court of Gordon County until it is found to be in compliance with this ULDC and such approval is entered in writing on the plat by the designated officials.

5.

The Clerk of the Superior Court shall not file or record a plat of a subdivision which does not have the approval of the designated officials.

6.

The filing or recording of a plat of a subdivision without the approval of the designated officials is hereby declared a misdemeanor and, upon conviction, is punishable as provided by Georgia law (O.C.G.A. § 17-10-3).

7.

No building permit shall be issued for, and no building or other structure shall be erected on, any lot within the County except when:

a.

The street giving access to said lot on which a structure is proposed has already been accepted, opened, or received the legal status of a public street; or

b.

The street corresponds in its location and line with a street shown on the approved construction plans;

c.

The County, prior to final plat approval, has authorized the construction of not more than three (3) units to be used as model units in a subdivision. Said units shall not be authorized for occupancy until final plat approval has been given.

C.

Stop work order

1.

Whenever the County determines that a person is engaged in doing work that constitutes, creates, or results in a violation of this ordinance then Gordon County may order the specific part of the work that constitutes, creates, or results in a violation of this ordinance to be immediately stopped.

2.

A stop work order issued under this section shall be in writing, directed to the person doing the work and shall state the specific work to be stopped, the specific reasons therefor, and the conditions under which the work may be resumed. A copy of the stop work order shall also be sent forthwith to the owner of the property where the work is taking place and the developer, if different from the owner.

3.

Any person aggrieved by the issuance of a stop work order may appeal the issuance of the order to the Board of Appeals.

4.

The Board of Appeals shall meet and act upon the appeal within ten (10) working days after receipt of the appeal notice. If the board fails to comply with this requirement, the stop work order shall be stayed automatically beginning on the day following the expiration of this ten (10) working day period, and the stay shall remain in effect until the Board of Appeals meets and acts on the appeal.

5.

The staff shall orally notify the appellant of the date, time, and place of the Board of Appeals meeting as soon as it has been scheduled and shall send to the appellant a written confirmation of the meeting as soon as possible.

6.

Neither the person upon whom a stop work order is served nor an owner or developer served with a copy under subsection 10.05.03(C)(2) may thereafter cause, suffer, or permit a violation of the order while it remains in effect, except during a period in which the operation of the order is stayed under Section 10.05.03(C)(4).