This code shall be known as and entitled the "Habersham County Comprehensive Land Development Ordinance" and may be referred to as the "CLDO."

(Ord. of 12-21-2020)

This chapter is enacted pursuant to the requirements and authority of Article IX, Section 2, Paragraph 4, of the Georgia Constitution and the amendments thereto.

(Ord. of 12-21-2020)

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. of 12-21-2020)

(a)

These regulations are enacted to promote the proper location, height, bulk, number of stories and size of buildings and other structures, sizes of yards, courts and the use of other open spaces, density and distribution of population and the use of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods and public activities.

(b)

The purpose of these regulations is to:

(1)

Lessen congestion in the streets;

(2)

Secure safety from fire, panic and other dangers;

(3)

Promote health and the general welfare;

(4)

Provide adequate light and air;

(5)

Prevent the overcrowding of land;

(6)

Avoid undue concentration of population;

(7)

Prevent urban sprawl;

(8)

Assure the provision of required streets, utilities and other facilities and services;

(9)

Assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian;

(10)

Assure the provision of space for recreational, educational and other public purposes;

(11)

Promote desirable living conditions and the sustained stability of neighborhoods;

(12)

Protect against blight and depreciation;

(13)

Secure economy in governmental expenditures;

(14)

Conserve the value of buildings;

(15)

Encourage the most appropriate use of land, buildings and structures;

(16)

Promote economically sustainable development;

(17)

Encourage "green building" practices; and

(18)

Assure that land is developed in conformity with the Habersham County Comprehensive Plan.

(Ord. of 12-21-2020)

(a)

Generally.

(1)

This chapter shall apply only to the unincorporated areas of Habersham County, Georgia, as now or hereafter established.

(2)

No buildings, structures, or land shall be used or occupied; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the regulations of this chapter.

(3)

A change of use shall conform to the standards, criteria, requirements, and procedures of this chapter.

(4)

Agricultural activities subject to best management practices for agricultural businesses shall be regulated by the Georgia Department of Agriculture and USDA, and enforcement shall be the responsibility of said agencies.

(b)

Exemptions and exceptions. The following general conditions or circumstances are exempt from the provisions and requirements of the chapter:

(1)

Buildings or structures that are legally under construction on the date of adoption of the chapter;

(2)

Buildings or structures for which a building permit has been issued as of the effective date of this chapter, provided that construction commences prior to the expiration of the building permit and continues until completed;

(3)

Development pursuant to an approved development plan or subdivision plat approved prior to the effective date of this chapter, provided that development commences not later than one year after the effective date of this chapter; or

(4)

The proposed use of property lawfully approved as of the effective date of this chapter.

(Ord. of 12-21-2020)

The Habersham County Comprehensive Plan (Plan) is the official development policy and implementation guide for the county to coordinate and direct physical and economic development, related public investment, and, to provide reasonable regulations for the development of private property in the interest of public health, safety, and welfare. This chapter is designed to implement all provisions of that Plan for the development and use of land.

(Ord. of 12-21-2020)

(a)

Generally.

(1)

Specific provisions of this chapter shall be followed in lieu of general provisions that may be in conflict with the specific provision.

(2)

In the interpretation and application of this chapter all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the county and shall not be construed to limit nor repeal any other powers granted under state statutes.

(3)

Where provisions of this chapter conflict with other regulations, the more stringent restrictions shall be applied.

(b)

Responsibility for interpretations.

(1)

In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this chapter, the administrative officer shall be responsible for interpretation. In the interpretation of this chapter, the administrative officer shall be guided by the Habersham County Comprehensive Plan and applicable State law.

(2)

Responsibility for interpretation by the administrative officer as set forth in this section shall be limited to standards, regulations, and requirements of this chapter, and shall not be construed to include interpretation of any technical codes adopted by reference in this chapter. Interpretation shall not be construed to override the responsibilities assigned by the Habersham County Board of Commissioners to any commission, board, or official named in other sections or chapters of this chapter.

(3)

Appeals to the board of commissions are as provided here in after in this chapter.

(c)

Rules for boundary interpretations. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

(1)

Boundaries shown as following or approximately following any street or railway shall be construed as following the centerline of the street or railway.

(2)

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

(3)

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

(4)

Boundaries shown as following or approximately following the centerline of a river, stream, lake or other water body shall be construed as following such centerline.

(5)

Where boundaries are indicated as approximately following the corporate limit line of a city, such corporate limit line shall be construed to be such boundaries.

(6)

In the case where the exact location of a boundary cannot be determined by the foregoing methods, the administrative officer shall, upon application, determine the location of the boundary.

(7)

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

(d)

Rules of construction.

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular include the plural and words used in the plural include the singular.

(3)

The masculine gender includes the feminine and the neutral.

(4)

The word "person" includes a firm and partnership, company, corporation or association as well as individuals.

(5)

The word "shall" is always mandatory; the word "may" is permissive.

(6)

"Or" may be read "and" may be read "or" if the sense requires it.

(7)

The term "written" or "in writing" shall include any representation of words, letter or figures, whether by printing or otherwise.

(8)

The term "day" means a calendar day.

(9)

The term "month" means a calendar month.

(10)

The word "week" shall mean seven days.

(11)

The word "year" shall mean a calendar year.

(Ord. of 12-21-2020)

(a)

Official land use map of Habersham County. The official land use map of Habersham County, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

Habersham County Transportation Plan. The Habersham County Transportation Plan, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(c)

Building and construction codes. Each building and construction code listed in section 68-108(c)(1) through (10) is hereby adopted by reference as if set forth in its entirety. The following standard building codes as approved by the State of Georgia include any attachments, future editions, appendices, indexes and amendments, including local amendments adopted by Habersham County:

(1)

International Building Code.

(2)

International Mechanical Code.

(3)

International Fuel Gas Code.

(4)

International Plumbing Code.

(5)

National Electrical Code.

(6)

International Fire Code.

(7)

International Residential Code for One and Two Family Dwellings.

(8)

International Energy Conservation Code.

(9)

International Existing Building Code.

(10)

National Fire Protection Association Fire Codes.

(d)

Groundwater recharge area district map. The map depicting significant recharge areas as identified by the Georgia Department of Natural Resources in Hydrologic Atlas 18 is hereby adopted by reference and declared to be part of this chapter.

(e)

Areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its current effective flood insurance study (FIS), with accompanying maps and other supporting data, and any revision thereto, are hereby adopted by reference and declared to be part of this chapter.

(f)

National wetlands inventory maps. The U.S. Fish and Wildlife Service National Wetlands Inventory Maps (NWI Maps), together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this chapter.

(g)

Manual for on-site sewage management systems. The Georgia Department of Community Health's Manual for On-Site Sewage Management Systems, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(Ord. of 12-21-2020)