Hall County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 11
- Administration
Sec. 11.1. - Review Bodies
11.1.1. Planning Commission
A.
Authority.
The Planning Commission may authorize Conditional Use Permits as expressly identified in Article 7 of this UDC. However, the Planning Commission shall have full authority to deny any request it deems inappropriate in order to protect the general health, safety, and welfare of the County and its citizens.
B.
Membership.
1.
The Hall County Planning Commission shall consist of five members, appointed by the Board of Commissioners. All Planning Commission members must be residents of the county. Each member of the Hall County Board of Commissioners shall appoint one member for a two-year term to the Planning Commission. Each two-year term will begin February 1, and expire January 31, or continue until their successor is appointed.
2.
Any vacancy in membership must be filled for the unexpired term by the Board of Commissioners.
3.
The Board of Commissioners have the authority to remove any member for cause on written charges after a public hearing.
4.
The unexcused absence of a Planning Commission member from three consecutive regularly scheduled meetings without prior notice to the chairperson of the Planning Commission or the Planning Commission staff office may be cause for termination of said member's appointment.
5.
Members of the Planning Commission may be reimbursed or compensated for their services pursuant to direction and approval of the Hall County Commission.
C.
Organization and Proceedings.
The Planning Commission must elect a chairperson from its members to be approved by the Board of Commissioners. The term of the chairperson will be one year with eligibility for re-election. The Planning Commission must appoint a secretary, who may be an officer or employee of the county. The Planning Commission must adopt its own rules of procedure and determine its time of meeting. All meetings of the Planning Commission at which official action is taken must be open to the public and all records of the Planning Commission are considered to be a public record.
D.
Powers and Duties.
The Planning Commission has the following powers and duties:
1.
To accept applications and make findings and recommendations at a public hearing for all amendments to this UDC. Recommendations will be forwarded to the county Board of Commissioners.
2.
To grant application for all Conditional Use Permits as specified by this UDC, provided that the standards and requirements of this UDC are met.
3.
To review preliminary subdivision plats and grant development approval for same when required by this UDC. The Planning Commission may appoint a secretary from their membership to oversee preliminary plat review. The secretary may delegate this duty to the Department of Planning and Zoning as they see fit.
4.
To review final subdivision plats and grant recording and approval permits for subdivision when required by this UDC. The Planning Commission may appoint a secretary from their membership to oversee final plat review. The secretary may delegate this duty to the Department of Planning and Zoning as they see fit.
5.
To initiate, direct and review from time to time a study of the provisions of this UDC and to make reports of its findings and recommendations as to amendments to the Board of Commissioners.
6.
To investigate and make recommendations to the Board of Commissioners regarding the acceptance and classification of county roads.
7.
To accept and determine requests regarding unclassified uses upon recommendation from the Director of Planning and Zoning. Such determinations must be made in accordance with the criteria set forth in Sec. 7.1.4.
8.
To hear and decide on appeals of determinations and decisions made by an administrative official as specified by Sec. 11.2.7.
9.
The Planning Commission may make such determinations, investigate such matters relating to the planning and development of the county, and take such action as authorized by this UDC and the laws of the state.
10.
To authorize upon appeal in specific cases such variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this UDC will result in unnecessary hardship and so that the spirit of this UDC is observed, public safety and welfare secured, and substantial justice done.
a.
In cases involving requests for variances from the building setback standards, a plat or survey of the property is required. In cases involving setback variances for commercial or industrial uses of land, a site plan of the property in question prepared by a registered land surveyor, architect, landscape architect or engineer is required.
b.
The authority to grant such variances is limited to variances from the following requirements:
i.
Setbacks from property lines.
ii.
Planted buffers and vision clearance requirements.
iii.
Off-street parking space requirements.
iv.
Design standards for single-family and two-family dwellings in Sec. 2.2.
v.
Other requirements where the granting of a variance is specifically authorized.
11.
Such variances may be granted in individual cases of unnecessary hardship upon a finding of the board that:
a.
There are extraordinary and exceptional conditions pertaining to the particular lot in question because of its size, shape or topography (the hardship must relate to the physical character of the lot and not to a personal or economic hardship);
b.
The application of the requirements of this UDC to this particular piece of property would create an unusual hardship;
c.
Such conditions are particular to the property involved and are not common to other properties in the neighborhood;
d.
Such conditions are not the result of any actions of the property owner; and
e.
Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this UDC; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this UDC or for a Conditional Use Permit which has been denied by the Planning Commission.
12.
To receive and act upon applications for the change, continuance and/or enlargement of a nonconforming use as provided in this UDC.
13.
To perform other duties as from time to time may be delegated by the Board of Commissioners.
E.
Exercise of Planning Commission Powers.
F.
In exercising the above powers, the Planning Commission may, in conformity with the provisions of this UDC, reverse or affirm, wholly or in part, or may have all powers of the officer from whom the application is taken, and may direct the issuance of a building permit, occupancy permit or certificate of zoning compliance. In no case shall the powers of the commission be construed to include authority to reclassify use zones. Actions by Planning Commission.
In all actions or decisions of the Planning Commission, three members being present constitutes a quorum with a majority vote of the quorum constituting an official action or decision of the Planning Commission. Each official action, with the full text of the motion and record of members' votes, must be incorporated in the minutes of the Planning Commission. If an application to the Planning Commission is denied, the same property may not be considered for any zoning application, and no application may be filed, until the expiration of at least six months immediately following the denial of the application.
G.
Review Procedures.
1.
The Planning Commission must hold a public hearing on all applications for conditional use permits in accordance with Sec. 11.2.6 and consider the merits of the applications as authorized by this UDC.
2.
After hearing testimony from all interested parties, the Planning Commission will have 30 days to render its decision.
H.
Notice of Public Hearing.
The requirements and procedures for notice of public hearing in Sec. 11.2.6 must be followed.
I.
Submission Requirements.
An application must be submitted to the Department of Planning and Zoning at least 30 days prior to the date of the Planning Commission hearing at which the application is to be considered. The completed application must be accompanied by payment of such fee prescribed in Sec. 11.2 to cover administrative and advertising costs. The items of information must be supplied by the applicant as set forth in this section.
J.
Review Criteria.
A conditional use permit may be granted when the Planning Commission finds from a preponderance of the evidence produced at the public hearing that the proposed use is suitable for the subject property considering the general lines of inquiry established in Sec. 11.2.6.F.3.
K.
Burden of Proof.
The applicant for a conditional use permit must have the burden of proof, which must include the presentation of evidence and the burden of persuasion of all questions of fact which are to be determined by the Planning Commission as authorized in this section.
L.
Conditions of Approval.
The Planning Commission may place any reasonable conditions or stipulations upon an approved Conditional Use Permit as deemed necessary, including, but not limited to hours of operation, parking, maximum building size, lot size, outside displays, signs, landscape and buffer improvements, and screens, to further insure the orderly operation of the proposed use and its compatibility with the surrounding properties.
M.
Appeals to the Board of Commissioners.
Any decision of the Planning Commission may be appealed to the Hall County Board of Commissioners in accordance with Sec. 11.2.7.
Sec. 11.2. - Review Process and Procedures
11.2.1. Zoning Application Fee
A.
General
Fees for the administration of the zoning regulations must be collected prior to action by any commission, board, or final action by an administrative official. An application will not be considered complete until the required fee is paid.
Application Fees
1.
Application filing fees for rezoning and conditional use applications are as established in Table 11.2.1.
2.
Additional fees will be assessed as follows:
a.
Site plan review of mobile home parks:
i.
$0.10 per linear foot of new streets proposed, and
ii.
$5.00 per mobile home space proposed.
b.
Determination of unclassified uses: none.
c.
Zoning Verification Letter: $25.
d.
Appeals to the Board of Commissioners: $200.
B.
Refund of Application Fees
Refunds for zoning application fees to the county will be processed as follows:
1.
Rezoning.
a.
Withdrawal prior to notification of adjacent property owners by public advertisement will result in a refund of 50 percent of the application fee.
b.
Withdrawal after notification of adjacent property owners by public advertisement but prior to the required public hearing will result in a refund of 25 percent of the application fee.
2.
Variance, special use, and conditional use permits.
a.
Withdrawal prior to notification of adjacent property owners by public advertisement will result in a refund of 50 percent of the application fee.
b.
Withdrawal after notification of adjacent property owners by public advertisement: none.
3.
No refunds will be issued for any application which was withdrawn after a public hearing.
Table 11.2.1. Fees for Applications Submitted to the Planning Commission
11.2.2. Subdivision Fees
A.
Preliminary Plat
A fee as established in the Hall County Plan Review and Inspection Fee Schedule will be charged per linear foot of a new street proposed in addition to fees required by Sec. 10.1. From time to time, upon the recommendation of the Director of Public Works and Utilities of Hall County, Georgia, and approval of the Board of Commissioners of Hall County, Georgia, said schedule may be revised as deemed necessary.
B.
Final Plat
A fee as established in the Hall County Plan Review and Inspection Fee Schedule will be charged. This review fee allows for an initial review of the final plat and associated stormwater as-builts and a second review to ensure that redlined comments are addressed, as well as an additional fee for final plats and associated stormwater as-builts that require third and subsequent reviews. From time to time, upon the recommendation of the Director of Public Works and Utilities of Hall County, Georgia, and approval of the Board of Commissioners of Hall County, Georgia, said schedule may be revised as deemed necessary.
C.
Extension of Time Limit on Preliminary Plat
A fee as established in the Hall County Plan Review and Inspection Fee Schedule will be charged for an extension of time limit on a preliminary plat per linear foot of a new street proposed. From time to time, upon the recommendation of the Director of Public Works and Utilities of Hall County, Georgia, and approval of the Board of Commissioners of Hall County, Georgia, said schedule may be revised as deemed necessary.
D.
Appeals
A fee as established in the Hall County Plan Review and Inspection Fee Schedule will be charged for appeals to the Board of Commissioners of any Planning Commission decision on the regulations of Article 9 (Subdivisions). From time to time, upon the recommendation of the Director of Public Works and Utilities of Hall County, Georgia, and approval of the Board of Commissioners of Hall County, Georgia, said schedule may be revised as deemed necessary.
11.2.3. Administration
A.
Planning and Development Director
1.
The County Board of Commissioners authorizes the Director of Planning and Zoning to administer, interpret, and enforce this UDC, except as otherwise provided in this UDC.
2.
Any decision or interpretation of the Director of Planning and Zoning may be appealed to the Planning Commission in accordance with Sec. 11.2.7.
11.2.4. Administrative Variances
A.
Applicability
The Director of Planning and Zoning may modify the following standards during development review. Any modification beyond those listed below must be considered by the Planning Commission as a variance.
1.
Setbacks. A reduction of up to 10% of the numeric standard for a minimum building setback.
2.
Lot coverage. An increase of up to 1% beyond the numeric standard for lot coverage.
3.
Parking. A reduction in the minimum required vehicle parking spaces by up to 10%.
B.
Criteria for Approval
The applicant must demonstrate, and the Director of Planning and Zoning must find, that all the following criteria are present when approving a request for an administrative variance:
1.
There are clear and compelling reasons that are not purely financial demonstrating that the required standard cannot be met;
2.
The modification is the minimum amount necessary to meet the objectives of this UDC; and
3.
The requested adjustment will not contravene the general health, safety, and welfare of the County and its citizens or negatively impact adjoining properties.
11.2.5. Subdivision Review Process and Procedures
A.
Procedures for Submittal of Plans and Plat Recordation
1.
General Procedure. When any subdivision of land is proposed, before any permit for the subdivision may be granted, the subdividing owner, or his authorized agent, must apply for and secure approval of the proposed subdivision in accordance with the following procedures of this UDC.
2.
Subdivision Defined. See Sec. 12.2.
3.
Plat Approval Required. No person may sell or transfer any land by reference to or exhibition of or other use of a plat of a subdivision before such plat has been approved by the Director of Planning and Zoning and recorded in the office of the Clerk of Superior Court of the county. The description of any land by metes and bounds in the instrument of transfer or other documents used in the process of selling or transfer does not exempt the transaction from this Sec. 11.2.5.
4.
Submittal of required plats. Any subdivider of land within unincorporated Hall County must submit to the Director of Planning and Zoning the required plats of the subdivision, which shall conform to the requirements of this UDC.
5.
Preliminary Plat Approval Required. No subdivider may proceed with any construction work on the proposed subdivision, including clearing of land, before obtaining a preliminary plat approval from the county.
6.
Approved Street Access Required for All Lots. No building permit may be issued for and no building or other structure may be erected on any lot within the subdivision unless the street giving access to the lot upon which said building is proposed to be placed has been accepted or opened as, or has otherwise received the legal status of, a public street prior to that time, or unless such street and lot corresponds in its location and lines with a street shown on a subdivision plat approved by the county, or on a street plat made and adopted by the Board of Commissioners, or a street located and accepted by the governing authority of the county. Any building erected in violation of this section will be deemed an unlawful structure, and the Building Official, county attorney, or other official designated by the governing authority of the county may bring appropriate action to enjoin such erection or cause it to be vacated or removed.
7.
Exemptions from Preliminary Plat Requirements. The following types of subdivision may be exempted from the requirements of a preliminary plat and are not required to obtain a certificate of preliminary plat approval. The subdivision must be required to obtain a recording and approval certificate as a final plat:
a.
A subdivision which has lots fronting on a road or street shown on the official road map of the county; provided no new street, no community water system and no community sewer system is required.
b.
The subdivision of land in a designated planned development meeting the requirements of this UDC and having been approved by the county.
c.
A subdivision in which all lots having frontage on a proposed street exceed 1.25 acres per lot may be exempt from curb and gutter and the related storm drainage. Those lots which front on the proposed street may not thereafter be subdivided into lots smaller than 1.25 acres. A statement to this effect must be placed on the final plat to be recorded. Additionally, those lots shall have a minimum lot width of 100 feet at the building line as defined in Sec. 2.1. Any lot which has at least 50 percent of its frontage on the radius section of a turnaround at the end of a street may measure the building line at a point beyond the minimum required setback line but in no case may the building line be less than 50 feet from the minimum required rear setback line.
8.
Preapplication Review. The owner, or their authorized design representative, must review the subdivision plans with the Director of Planning and Zoning prior to submittal of a preliminary plat when the proposed subdivision involves a tract greater than 20 acres, any tract with a community water or sewer system, or any tract in a planned development district with a proposed new street. The informal review is intended to:
a.
Review of the requirements of these regulations; and
b.
Review of the owner's plans and the development's impact on soil erosion control, subdivision design, water supply and waste treatment.
9.
Boundary Survey Required. The subdivider must present a boundary survey of the tract and a rough sketch of the proposal.
10.
Submittal of Plans to Affected Agencies. The Director of Planning and Zoning may require the developer to present the plans to any other affected agency.
11.
Preliminary Plat Action Required. The owner or their authorized agent must make an application for preliminary plat approval to the Director of Planning and Zoning by filing in the office of the Director the following items, if applicable, in subsection 12 and 13 below.
12.
Preliminary Plat Application. The preliminary plat must contain an application signed by the owner, setting out:
a.
Total acreage.
b.
Number of lots.
c.
Average lot size.
d.
Minimum lot size.
e.
Proposed use of each lot.
f.
Water supply system.
g.
Sewer system.
h.
Length of proposed roads.
i.
Phasing of the subdivision.
j.
Estimated time for completion.
k.
An outline of any proposed organizations to control a portion or all of the tract, such as a homeowners association or equivalent body.
l.
Notice of intent to dedicate any portion of the property to the public.
13.
Preliminary plat; agency approvals and engineering certificate. The preliminary plat must contain copies of the preliminary plat, drawn according to this section, having affixed to them the stamps or signatures of the following applicable agencies or firms. A letter from an applicable agency may be submitted in lieu of a plat stamp:
a.
Approval of the Director of Utilities if to be served by a public water system;
b.
Approval of the Department of Natural Resources and Director of Engineering if to be served by a community water system;
c.
Approval of the Director of Utilities if to be served by a public sewer system;
d.
Approval of the Department of Natural Resources and Director of Engineering if to be served by a community sewer system;
e.
Approval of the county health department;
f.
Preliminary engineering certificate, signed and sealed by an engineer, surveyor or landscape architect registered in Georgia;
g.
Approval for construction by the Director of Engineering.
14.
Preliminary plat; review by Planning and Zoning Director. The Director of Planning and Zoning must review the application and, if determined to be complete, submit it to the Planning Commission. The Director may recommend changes that are necessary to meet the standards and intent of this UDC to serve the best interests of the county.
15.
Preliminary plat; action by Planning Commission. The Planning Commission, or their designee as detailed in Sec. 11.1.1.D.3., may:
a.
Grant preliminary plat approval; or
b.
Grant preliminary plat approval conditional upon any changes, which must be noted on the preliminary plat or attached thereto; or
c.
Deny preliminary plat approval, if the plat does not meet the standards and intent of this Sec. 11.2 or any other regulations of this UDC.
16.
Preliminary plat; notation of action. Action of the Department of Planning and Zoning must be noted on three copies of the preliminary plat. One copy of the plat must be returned to the applicant.
17.
Preliminary Plat, expiration of approval. A certificate of preliminary plat approval will expire 12 months following the date of approval. The applicant must have received, at a minimum, an approved grading inspection within the 12 months following preliminary plat approval to continue work on the subdivision without an extension.
18.
Preliminary Plat; appeals. Should an applicant disagree with the comments of the Director of Planning and Zoning, concluding that factual or interpretive errors have been made, the following appeal procedure is designed to resolve the issues:
a.
Submit to the Director a written statement clearly defining the nature of the disagreement, the specific reference to the section of these regulations at issue, and the applicant's own opinion.
b.
Should the Director, after review of the applicant's statement, conclude that neither these regulations nor other applicable regulations or conditions of zoning would be violated, the Director may modify their comments accordingly. However, should the Director conclude that these or other applicable regulations would be violated, the case must be referred to the Planning Commission at the earliest regularly scheduled meeting.
c.
The Planning Commission must, after receiving a report from the Director, decide the issue.
d.
Should the applicant disagree with the decision of the Planning Commission, an application may be filed to appeal the decision to the Board of Commissioners in accordance with Sec. 11.2.7.
19.
Soil Erosion and Sedimentation Control Permit; issuance. Following the approval of a preliminary plat, and review and approval by the Department of Planning and Zoning, a soil erosion and sedimentation control permit may be issued by the Engineering Department.
20.
Soil Erosion and Sedimentation Control Permit; implementation of measures. Upon the issuance of a soil erosion and sedimentation control permit:
a.
Erosion control measures must be installed by the subdivider and inspected and approved by the Engineering Department prior to any grubbing or grading; and
b.
Sediment retention facilities must be installed and operational prior to major grading operations.
21.
Extension on Time Limit of Development. Before a certificate of preliminary plat approval has expired, the subdivider may request an extension of the certificate. An application must be made in writing to the Planning Commission. The Planning Commission must take action on the application in the same manner as an original application. However, if modifications are made to regulations, the plat must meet these changes.
22.
Construction Inspection Schedule. Each phase of the subdivision must be constructed according to the schedule in Table 11.2.2. Care should be taken to observe the schedule, as unnecessary delay and additional expense may result if the construction is varied substantially from the schedule.
Table 11.2.2. Construction Inspections
Table Notes:
* For instances when sidewalks are constructed as a single unit.
+ As applicable or required by the county.
23.
Completion of water and sewer Installations. All underground water and sewer installations, including sewer cross taps to individual lots, must be completed prior to the application of the base course.
24.
Inspection Required. The inspection of all construction is required. The subdivider is responsible for notification of the inspection authority 24 hours prior to the covering of the work. Before reinspection of any subdivision development site by the county, the developer of such site must pay the reinspection fee as established in the Hall County Plan Review and Inspection Fee Schedule if the reinspection is necessitated by the developer's failure to comply with these regulations. From time to time, upon the recommendation of the Director of Public Works and Utilities of Hall County, Georgia, and approval of the Board of Commissioners of Hall County, Georgia, said schedule may be revised as deemed necessary.
25.
Stages for notification of county engineering department. The county Engineering Department must be notified:
a.
At completion of clearing and grubbing and prior to grading;
b.
Prior to covering stormwater drainage pipe;
c.
At completion of grading and restaking the centerline prior to setting curb forms and line;
d.
For subgrade and curbing inspection prior to application of base course;
e.
At completion of the base course and prior to the application of the prime coat;
f.
At completion of the prime coat and prior to the application of the paving course in order to schedule the presence of a county inspector during application of plant mix;
g.
Upon construction of sidewalk formwork, prior to pouring of concrete. (Note: Inspections on sidewalks poured on a lot-by-lot basis are handled by county building inspections.)
h.
After pouring and finishing of sidewalks. (Note: Inspections on sidewalks poured on a lot-by-lot basis are handled by county building inspections.)
i.
At completion of shoulder reconstruction and shaping, prior to final seeding;
j.
At completion of construction and final plat;
k.
Fifteen months from acceptance of the maintenance bond or 75 percent build-out, whichever occurs last; (publicly maintained residential subdivisions);
l.
One year from acceptance of maintenance bonds for paving only in any subdivision with roads built to industrial standards (depths of base and asphalt only);
m.
One year from acceptance of the maintenance bond in privately maintained subdivisions and;
n.
At such other times as the Director of Engineering should specify.
26.
Private Utility Inspection Schedule. The owner of any utility serving a subdivision must set its own inspection schedule.
27.
Inspection of Community Water or Sewer System. The inspection of any community water system or any community sewer system must be as required by the Director of Engineering and the applicable state agency.
28.
Use of Testing Agency. If tests of materials or construction are required, a recognized testing agency must be used, and the owner of the subdivision bear any expense.
29.
Final Plat Approval; generally. Whenever the provisions of these regulations have been complied with and while the certificate of preliminary plat approval is in effect, the subdivider may submit to the Director of Planning and Zoning, for final plat review and approval, the following items in subsections 30 and 31 below.
30.
Final Plat Application. The subdivider must submit an application signed by the subdivider, stating:
a.
Total acreage.
b.
Number of lots.
c.
Minimum lot size.
d.
Proposed use of each lot.
e.
Water supply system.
f.
Sewer system.
g.
Length of proposed roads.
h.
Phasing of the subdivision.
i.
Estimated time for completion.
j.
An outline of any proposed organizations to control a portion or all of the tract, such as a homeowners' association or equivalent body; and
k.
Notice of intent to dedicate any portion of the property to the public.
31.
Final plat approval; agency approvals and surveyor's certificate. The subdivider must submit copies of the final plat, drawn according to this Sec. 11.2, having affixed to them the stamps or signatures of the following applicable agencies or firms. A letter from an applicable agency may be submitted in lieu of a plat stamp:
a.
Approval of the Director of Utilities if to be served by a public water system;
b.
Approval of the Department of Natural Resources and Director of Engineering if to be served by a community water system;
c.
Approval of the Director of Utilities if to be served by a public sewer system;
d.
Approval of the Department of Natural Resources and Director of Engineering if to be served by a community sewer system;
e.
Approval of the county health department;
f.
Preliminary engineering certificate, signed and sealed by an engineer, surveyor or landscape architect registered in Georgia;
g.
Approval for construction by the Director of Engineering.
32.
Final Plat Approval; copy of improvement guarantee. The subdivider must submit a copy of any improvement guarantee for which provision is made in Article 9.
33.
Final Plat Review; review by Planning and Zoning Director. The Director of Planning and Zoning must review the final plat for compliance with these regulations, the zoning regulations, conditions of zoning, and the regulations of other county departments and state agencies, as appropriate.
34.
Final plat review; compliance responsibility. The subdivider is responsible for compliance with all appropriate regulations.
35.
Final plat review; approval requirements and maintenance bond.
a.
Bonding instrument requirement. Final approval by the Director of Planning and Zoning must not be shown on the final plat until all requirements of these regulations have been met and until the Hall County Engineering Division has certified by letter or endorsement on the plat that a maintenance bond (either in the form of a guaranty bond or cash deposited in escrow for the county) or an irrevocable letter of credit has been received which adequately and sufficiently provides for the maintenance of all installations and improvements required by these regulations for a period of 24 months following the date of final plat approval for base, paving, grassing, storm water management facilities, sidewalks, and any other necessary infrastructure within that subdivision.
b.
Bonding and maintenance agreement. All bonding instruments must be valid for a minimum of 24 months from the date of issuance. The guarantee bond, escrowed cash, or irrevocable letter of credit must also be accompanied by completed forms provided by the Hall County Engineering Division, and must also be accompanied by a fully executed Maintenance Agreement by which the developer agrees to maintain all such facilities and infrastructure for a period of not less than 24 months from the date of final platting. All bonding instruments must be issued by a company with a minimum A rating (or better), and which is licensed to do business in the State of Georgia and with a principal office and registered agent located in the State of Georgia.
c.
Storm water bonding release. Storm water management facilities will need to be cleaned of accumulated silt and properly maintained as provided in Sec. 10.5, prior to release of issued bonds.
d.
Bonding instrument amount. The amount of the bonding mechanism must equal 30 percent of all completed infrastructure including base, paving, grassing, storm water management facilities, sidewalks, and any other necessary infrastructure plus 100 percent of the cost of all incomplete infrastructure such as remaining sidewalks and asphalt topping. The unit cost data used in the initial calculations will be based upon the latest Georgia Department of Transportation (GDOT) Item Mean Summary plus up to ten percent per year, or the latest county contract data, whichever is higher. The county is also authorized to require yearly increases in the face amount of required bonds based upon the consumer price index in order to cover the increasing cost of construction and maintenance of infrastructure due to economic inflation.
e.
Transfer of land ownership during the bonding period. No person, firm, partnership, association, corporation, estate, trust, developer, subdivider, or any other owner or agent may transfer title of a property which is the subject of any active maintenance or performance bonds without first providing to the county, as beneficiary, a newly executed bonding instrument for the new owner or developer. The newly executed bonding instrument must be presented to and approved by the Hall County Board of Commissioners.
f.
Bonding instrument collection fee. Hall County may impose a collection fee $1,000.00 for any bonding instrument that is presented to the Hall County Board of Commissioners for collection, which fee the Board of Commissioners reasonably believes to be related to the costs associated with collection on such a bond. The Director of Public Works and Utilities is granted authority to initiate collection efforts at their discretion. Staff must commence collection efforts at least 90 days prior to the expiration of the bond in order to allow sufficient time for collection. The developer must deposit $1,000.00 at the time of submission of the bond to the county, and the $1,000.00 will be refunded once bonded work is completed more than 45 days prior to the expiration of the bond or the bond is renewed more than 45 days prior to its expiration.
g.
Request for final acceptance and release of bonds. Roads within a development are not accepted into the Hall County road system until there has been a request for acceptance by the developer and a favorable vote by the Hall County Board of Commissioners to accept the roads and to release all bonding mechanisms relating to the development. Likewise, the county may release bonding mechanisms only upon a favorable vote by the Hall County Board of Commissioners. Release of bonds can occur after all asphalt road construction has been in place for a minimum of one year, and all infrastructure is installed to the satisfaction of Hall County's Engineering Division. In order for the county's Board of Commissioners to release bonding mechanisms Hall County's Engineering Division must confirm that:
i.
All improvements and installations to the subdivision required for approval of the final plat under the rules and regulations of the county have been completed in accordance with the appropriate specifications; and
ii.
All of the drainage and retention facilities, grading, water and sewer utilities, street base and curbing construction, and grassing required for approval of the final plat have been completed.
36.
Final plat review; certification of approval. When the Director of Planning and Zoning has approved the final plat, and other affected departments and agencies of government as required have certified compliance and signed the original, the Director may certify by signature on the plat that all of the requirements of these regulations, the zoning regulations, and the conditions of zoning approval have been met. The final plat will not be deemed approved until it has been signed by the Director and duly authorized representatives of the Engineering Department, Water Department and Health Department.
37.
Issuance of certificates of occupancy. Where an improvement guarantee has been required for a subdivision, no certificate of occupancy for any building on any lot fronting a proposed road in the subdivision may be issued prior to completion of improvements under the guarantee.
38.
Final Plat; Revisions. No change, erasure, or revision may be made on any preliminary or final plat, nor on accompanying data sheets, after approval of the county has been endorsed in writing on the plat or sheets, unless authorization for such changes has been granted in writing by the Director of Planning and Zoning. In no case may the Director approve a revision thereof unless the fact that it is a revised plat is clearly stated thereon.
39.
Final Plat; filing for recordation.
a.
An approved final plat must be filed for recording by the subdivider in the office of the Clerk of Superior Court within 60 days after final approval thereof. Otherwise, such approval may be void. No Clerk of Superior Court shall file or record a plat of a subdivision until such plat has been approved by the Director of Planning and Zoning.
b.
The approval of a plat will not be deemed to constitute or effect acceptance by the county of any street or other ground shown on the plat.
40.
Final Plat; Recordation. The Clerk of Superior Court must file and record in their office maps or plats relating to real estate in the county.
41.
Specifications for maps and plats. Maps or plats to be filed and recorded in the office of the Clerk of Superior Court must be prepared in accordance with the following minimum standards and specifications:
a.
Material. Any such maps or plats must conform to the Georgia Plat Act, as amended.
b.
Caption. The maps or plats must have a title or name which must be contained in the caption, and the caption must also provide the following information:
i.
The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision.
ii.
The date of plat preparation.
iii.
The scale, stated and shown graphically.
iv.
The name of the land surveyor and their registration number.
c.
Size. Maps or plats must not be less than 8½ inches by 11 inches and not larger than 17 inches by 23 inches.
d.
Data. Maps or plats must be made in a professional manner and in accordance with the standards of good drafting procedures and must show the following information, as specified:
i.
All maps or plats must show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference must be an established monument position which can be identified or relocated from maps, plats, or other documents on public record.
ii.
All maps or plats of boundary surveys or subdivision surveys must show bearings and distances of all lines, and area of the parcels expressed in acres and square feet.
iii.
All maps or plats of boundary surveys must show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur and a statement as to the method of adjustment. The closure may be stated as follows: "The field data upon which this map or plat is based has a closure precision of one foot in ___ feet, and an angular error of ___ per angle point, and was adjusted using _______ rule."
iv.
All maps or plats of boundary surveys must show the closure precision of the data shown on the map or plat. The closure may be stated as follows: "This map or plat has been calculated for closure and is found to be accurate within one foot in ___ feet."
v.
All maps or plats must show the width, and the former widths if pertinent, of all rights-of-way adjacent to or crossing the property or adjacent to any point of reference.
vi.
All maps or plats must show easements and apparent encroachments, if pertinent.
vii.
In the case of curved lines, pertinent data must be given for regular curves. Chord distances and directions must be given for irregular curves.
viii.
All land lot lines, land district lines, land section lines and city and county boundaries intersecting or adjacent to the surveyed property must be indicated by lines drawn upon the map or plat with appropriate words and figures.
ix.
All corner markers and markers of pertinent reference points must be fully described and indicated as to their material or types and must be constructed of a permanent material such as iron, steel, concrete, or stone.
x.
An arrow must be shown on the map or plat to indicate the principal meridian, and a notation made as to the reference of bearing to magnetic north, astronomic north, or grid north. A grid north reference must indicate the zone.
xi.
All linear distances shown on maps or plats must be horizontal.
xii.
All angular directions shown on maps or plats must be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of one in 5,000, the angular direction must be represented in degrees, minutes, and seconds. All angular direction must be referenced to the principal meridian.
xiii.
A statement must be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of the map or plat.
B.
Plat Specifications
1.
Plat Requirements, generally. Plats submitted to the county must contain the following information as specified in this section.
2.
Preliminary Plat Contents. All applications for a certificate of preliminary plat approval for a subdivision must be accompanied by copies of the plat setting forth the proposed design of such subdivision. The scale of such plats may be no less than 100 feet to the inch. Such plats must contain the following information:
a.
Proposed name of subdivision
b.
Name and address of the owner of record.
c.
Name, address, telephone number, seal, and signature of the registered engineer, surveyor or landscape architect responsible for the construction plans and surveyor responsible for the boundary survey.
d.
Name, address, and telephone number of the subdivider.
e.
Date of survey, north point and graphic scale, source of datum, date of plat drawing, and space for revision dates.
f.
Natural features within the proposed subdivision, including drainage channels, bodies of water, wooded areas and other significant features. On all water courses leaving the tract, the direction of flow must be shown.
g.
Cultural features within the proposed subdivision, including right-of-way and pavement widths, and names of existing and platted streets adjoining or abutting the subdivision, all easements, city and county lines and other significant information. Location and dimensions of bridges, utility lines and structures, buildings, culverts, cemeteries, and other features must also be indicated.
h.
Location (land district and land lot) and acreage.
i.
Location sketch locating the subdivision in relation to the surrounding area with regard to well-known landmarks such as major thoroughfares, railroads or others. Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.
j.
Name of former subdivision, and the plat book and page numbers where it was recorded, of any or all of the preliminary plat that has been previously subdivided.
k.
The location and specifications of proposed streets, including right-of-way lines, proposed roadbed type, roadbed width, and proposed grades.
l.
Exact boundary lines of the tract indicated by a heavy line giving lengths and bearings.
m.
Proposed layout, including lot lines with rough dimensions, lot numbers, block letters, street lines with letter designations for proposed street names, right-of-way widths, and sites reserved through covenants, easements, dedication or otherwise for public uses, for single-family dwellings, for nonresidential uses, and for multi-family dwellings.
n.
Contour lines based on sea level datum. These must be drawn at intervals of five feet for hilly terrain (slopes greater than ten percent), two feet for rolling terrain (two percent to ten percent) and one foot for flat terrain (slopes less than two percent). Contour lines must be based on field surveys. Topographic data based on geological survey maps which have been adjusted by field survey data may be accepted if the Director of Engineering determines that such data will be adequate to evaluate the layout of lots and streets, drainage and other service requirements.
o.
The preliminary plan of any existing and proposed water lines, sanitary sewers and storm sewers. Such plans must include the proposed size of the pipe to be installed and the proposed percent grades of the lines of all sewers.
p.
The distance and direction to public water lines and sanitary sewer lines.
q.
Location of drainage easements for all storm drain facilities, outlets, and subsequent drainage ways, streams and at other locations as required.
r.
Proposed unit division or stage development, if any, as proposed by the subdivider.
s.
Location and results of percolation tests for lots which will not be served by a public or community sanitary sewer system, as required by the health department.
t.
Location or statement of flood hazard areas.
u.
Any other information as may be required by the health department and Director of Planning and Zoning to determine whether or not the proposed design of the subdivision will conform to the design requirements of these regulations.
3.
Preliminary Plat; supplemental information. The preliminary plat must be accompanied by the following information when same is not shown on or evident from the preliminary plat:
a.
A written summary of the proposal giving information as to the overall development plan, giving type of structure, number of dwelling units, and types of business and industry, so that the effects of the development can be determined by the Director of Planning and Zoning.
b.
Source of water supply.
c.
Statement of provision for sewage disposal and drainage.
d.
Drainage information:
i.
Location and size of all proposed drainage structures.
ii.
Acreage of drainage area.
iii.
Location of land subject to flooding.
e.
Engineering data as listed below:
i.
A ground run profile of proposed streets must show original centerline elevations. The profile must be drawn on standard plan and profile sheets with the plan section showing street layout, curvature and drainage required.
ii.
Where sanitary or storm sewers are to be installed, size of pipe and location of manholes must be indicated on the street profile.
iii.
Profiles of streets that are extensions of existing streets must include elevations at 50-foot intervals for a minimum distance of 200 feet back of beginning point and forward of ending, or such additional distance as may be required by the Engineering Department.
iv.
The above plans must be drawn to a scale no less than as follows: a horizontal scale of one inch to 100 feet, and a vertical scale of one inch to ten feet.
v.
Cross-sections at all cross-drain locations extending 25 feet beyond the pipe: a horizontal scale of one inch to ten feet, and a vertical scale of one inch to ten feet.
vi.
Where a proposed street construction limits or abuts the plat boundary, cross-sections and the necessary slope easement must be submitted. A slope easement must also be submitted under such other conditions as may be required by the Director of Engineering.
vii.
Municipal, county, or land lot lines tied to the lines of the subdivision by distance and angles when such lines traverse the subdivision.
viii.
Exact locations, widths, and names of all streets within and immediately adjoining the plat.
ix.
Street centerlines showing stations and standard curve data of intersection, radii, length of tangents and arcs, and degree of curvature.
x.
Lot lines with dimensions to the nearest foot, and minimum lot area.
xi.
Lots numbered in numerical order and blocks lettered alphabetically.
xii.
Name of each street.
xiii.
Minimum setback lines on all lots and other sites.
xiv.
Location and description of monuments.
xv.
Names of recorded owners of adjoining unplatted land.
xvi.
Reference to recorded subdivision plats of adjoining platted land by record name, data, and number, when known.
xvii.
Certification by a surveyor certifying to accuracy of the survey and plat.
xviii.
Militia district and, when applicable, the land lot number.
xix.
When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the lot width at the building line must be shown.
xx.
When the subdivided property abuts Buford Dam Reservoir property or easement, the 1,071-foot contour line must be shown and designated "Lake Sidney Lanier—Normal Lake Level" and the 1,085-foot contour line must be shown and designated "Lake Sidney Lanier—Maximum Lake Level."
xxi.
Location, dimension and purpose of all drainage structures and of any easements, including slope easements, if required, and public utility right-of-way lines, and any areas to be reserved, donated, or dedicated to public use of sites for other than residential use with notes stating their purpose and limitations; and of any areas to be reserved by deed covenant for common uses of all property owners.
xxii.
Places for certificates and statements specified in this Sec. 11.2.
xxiii.
Plans must show clearly the elevation and/or contour of the 100-year floodplain of any stream or backwater area on the site.
f.
Contents of Final Plat. All applications for a recording permit must be accompanied by electronic plans and paper copies of the final plat of the subdivision to be recorded. The submitted prints of such final plat must be not greater than 17 inches by 23 inches at a scale of not less than 200 feet to the inch. Where necessary, the final plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat must contain the following information:
i.
Name of the subdivision.
ii.
Name and address of owner of record.
iii.
Name and address of subdivider.
iv.
Date of plat drawing, graphic scale, north point, and notation as to the reference of bearings to magnetic, true north, or grid north.
v.
Location of tract (militia district, land district and land lot), giving the area of each individual lot.
vi.
Primary control point to which all dimensions, angles, bearings, and similar data on the plat may be referred.
vii.
Tract boundary lines, right-of-way lines of streets, easements and other right-of-way and property lines of all lots with accurate dimensions; bearings or deflection angles, radii arcs, and central angles of all curves.
viii.
Name of each street.
ix.
Minimum setback lines on all lots and other sites.
x.
Location and description of monuments.
xi.
Names of recorded owners of adjoining unplatted land.
xii.
Reference to recorded subdivision plats of adjoining platted land by record name, date, and number, when known.
xiii.
Certification by surveyor as to accuracy of the survey and plat.
xiv.
Lot lines with dimensions and lot area.
xv.
When the tract of land to be subdivided abuts on U.S. government property, then the final plat of the subdivided land must show a tie or ties of land lot lines conforming to U.S. government take line descriptions.
xvi.
When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the lot width at the building line must be shown.
xvii.
Lots or sites numbered in numerical order and blocks lettered alphabetically. In general, all lots should be numbered in numerical sequence without using block letters.
xviii.
When the subdivided property abuts Buford Dam Reservoir property or easement, the 1,071-foot contour line must be shown and designated "Lake Sidney Lanier—Normal Lake Level" and the 1,085-foot contour line must be shown and designated "Lake Sidney Lanier—Maximum Lake Level."
xix.
Location, dimensions and purpose of entire drainage, sewerage, water and public utilities systems and of any easements, including slope easements, if required, and public utility right-of-way lines, and any areas to be reserved, donated, or dedicated to public use of sites for other than residential use with notes stating their purpose and limitations, and of any areas to be reserved by deed covenant for common uses of all property owners.
xx.
Places for certificates and statements specified in this Sec. 11.2.
g.
Conformity of final and preliminary plat. The final plat must conform to the preliminary plat and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at any one time, provided that such portion conforms to the staging established in preliminary plat procedure and to the requirements of these rules and regulations.
h.
Preliminary Plat Certificates. Each preliminary plat submitted to the county must carry the following certificates printed or stamped thereon substantially as follows:
i.
Preliminary engineering certificate.
"I hereby certify that this proposed Development Plat correctly represents construction plans completed by me on (date).
By (name), Registered P.E., Surveyor, or Landscape Architect
License Number (insert)
Date (insert)"
ii.
Certificate of preliminary plat approval.
"All requirements of the county subdivision regulations relative to the preparation and submittal of a Preliminary Plat having been fulfilled, approval of this plat is hereby granted, subject to further provisions of said regulations. This Certificate shall expire (date).
Name (insert), Chairman, Planning Commission, or designee
Date (insert)"
iii.
Development Plat—Not to be Recorded.
i.
Final Plat Certificate. Each final plat submitted to the Director of Planning and Zoning for approval must carry the following certificates printed or stamped thereon substantially as follows:
i.
Surveyors Certificate.
"It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property made by me or under my supervision; that all monuments shown hereon actually exist or are marked as "Future," and their location, size, type, and material are correctly shown; and that all relevant requirements of the Hall County Zoning and Subdivision Regulations have been met.
By (name), Registered Ga. Land Surveyor
License Number (insert)
Date (insert)
ii.
Owners dedication certificate (when appropriate).
"(State of Georgia) or (County of Hall)
The owner of the land shown on this plat and whose name is subscribed thereto, and in person or through a duly authorized agent, acknowledges that this plat was made from an actual survey and dedicates to the use of the public forever, all streets, parks, drains, easements, and public grounds thereon shown, which comprise a total of _______ acres, for the purposes therein expressed.
Owner (name)
Date (insert)"
iii.
Place for approval of Director of Engineering.
iv.
Place for approval of the county health department.
v.
Place of approval for the county Director of Planning and Zoning as follows:
"Pursuant to the Hall County Subdivision Regulations, this plat is given final approval by the Hall County Planning and Zoning Director. All of the conditions of approval having been completed, this document is hereby accepted and this approval granted under the authority of said Regulations.
Name (insert), Director of Planning and Zoning
Date (insert)"
4.
Planned Development.
a.
The standards and requirements of this UDC may be modified in the case of a plan and program for a community or neighborhood unit or planned development which is not divided into customary lots, blocks and streets, which in the judgment of the Planning Commission provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, provided density standards for the entire tract are not exceeded, and which also provides such covenants or other legal procedures as will assure conformity to the achievement of the plan. Plans for such development must be submitted to and approved by the Planning Commission and Board of Commissioners whether or not such plat is to be recorded, and no building permit may be issued until such approval has been given.
b.
Prior to processing such a planned development, the developer must indicate their willingness to increase the processing time specified. However, in no case may the Planning Commission authorize a use prohibited in the district in which the project is to be located, or a smaller lot area per dwelling unit than the minimum required in such district.
C.
Appeals
All appeals must be filed in accordance with Sec. 11.2.7.
11.2.6. Amendments
A.
General
All applications, requests and petitions for permits, certificates of zoning compliance, variances, conditional use permits, planned developments, classifications and reclassifications of property, notices of appeal, amendments to this UDC and other similar matters, together with all supporting documents required for such application, request or petition and fees therefor, must be filed with the Planning and Zoning Department in the appropriate form as specified this Sec. 11.2. All data, drawings, narratives and other supporting documentation required by this UDC must be provided for in an application to be officially received for staff review and scheduling of consideration by the Planning Commission in accordance with the scheduling provisions established herein.
B.
Minimum Tract Size and Frontage for Zoning Change
Except in an application for rezoning to a nonresidential zoning district, no tract of land may be considered for rezoning which has an area less than one acre unless such tract abuts a nonresidential zoning district within county or municipal jurisdiction. Application for rezoning may also be considered when a lot of record meets the minimum area and road frontage required by the zoning district in which the rezoning is sought.
C.
Initiation of Proposed Amendments
These zoning regulations of the county, including the official zoning map, may be amended from time to time by the Board of Commissioners of the county. Official zoning map amendments may be proposed by the Board of Commissioners of the county, or by the county Planning Commission, or an administrative official, or by any individual, firm, or organization or their duly appointed agent or attorney; provided, however, no amendment may become effective unless it has been proposed by or submitted to the county Planning Commission for review and recommendation. Application for uses subject to the approval of the county Board of Commissioners must have first been submitted to the county Planning Commission for review and recommendation before consideration by the County Commission. Text amendments to the zoning ordinances may be proposed only by the Board of Commissioners of the county, or the county Planning Commission, or the appropriate administrative official.
D.
Filing of Proposed Amendments
All proposed amendments, whether an amendment to the text or modification in the district boundaries on the official zoning map, and uses subject to approval of the County Commission, must be submitted to the Planning and Zoning Department of Hall County at least 30 working days in advance of the next regular meeting of the Planning Commission. The Director of Planning and Zoning must arrange a suitable date for a hearing before the Planning Commission.
E.
Submission Requirements
1.
Any person or persons requesting a change in the official zoning map or use subject to approval of the County Commission must file an application with a plat or map of the property attached thereto, together with payment of such fees set forth in this Sec. 11.2 to cover administrative and advertising costs, in the Planning and Zoning Department office. Such person or persons or their authorized agent must appear in person at the public hearing held to consider the district change.
2.
All applications for a change of zoning classification or use subject to approval of the County Commission must include:
a.
A narrative statement identifying the existing and proposed use of the property and addressing each of the criteria set forth in this Sec. 11.2.
b.
A site plan drawn to scale designating the area covered by the application and identifying existing and proposed buildings and uses, adjacent existing land uses, zoning on contiguous parcels, including those across an abutting public right-of-way, and any other significant site improvements proposed to accommodate the proposed use or buffer adjacent uses, etc., or a plat of the subject property where no specific land use is proposed. In cases where only a plat or map is provided and no land use is proposed, the Planning Commission and County Commission may evaluate the application based on the most intense possible land use permitted in the proposed district.
c.
For any application for a slow rate land treatment system as defined in Sec. 7.6.9.D.1., the following additional requirements apply:
Prior to consideration by the county Planning Commission for their recommendation to the County Commission, the county Engineering Department must have completed a review of the proposal for site acceptability relative to topography, soil classifications, public or private access, proposed effluent treatment levels and natural, undisturbed buffer zones for surface waters, floodplains, wetlands, wells, residential and other protected areas in addition to other criteria deemed appropriate by the Planning Commission or County Commission. The following information must be submitted to the County Engineer for review of a zoning application and subsequent submittal of a report to the Planning Commission for consideration of the zoning of any land for a wastewater land application system.
i.
The design development report submitted to the Environmental Protection Division certified by a professional engineer experienced in the design of land application systems and registered to practice in the State of Georgia.
ii.
A plan for the disposal of excess biological solids.
iii.
Certification from a professional geologist, registered to practice in the State of Georgia, certifying that the land application site is not located within two miles of a significant groundwater recharge area as defined by the Environmental Protection Division.
iv.
A detailed history of all the owner's previous activities, within the State of Georgia in the field of land application, including every other facility it has operated and including a detailed account of all past violations of federal, state, or county laws or regulations, and all past and pending litigation, favorable or unfavorable.
d.
For any application proposing the development of 100 or more residential dwelling units, a traffic impact study must be submitted prior to consideration of the application by the County Commission. At the applicant's expense, the traffic impact study must be prepared by a professional engineer in accordance with requirements established by the Hall County Engineering Department. The Engineering Department must review the traffic impact study and forward any comments to the County Commission.
F.
Planning Commission and Hall County Commission Consideration and Decision
1.
The Planning Commission must hold a public meeting on all zoning applications or applications for a use subject to approval of the County Commission. The Planning Commission must hold the required public meeting not less than 30 days, nor more than 60 days, from the date of the filing of a complete application.
2.
After hearing testimony from all interested parties, the Planning Commission will have 30 days within which to make its decision to grant or deny the application or make a recommendation to the Board of Commissioners. If the Planning Commission fails to make a decision within the specified period, it may be deemed to have carried a recommendation of approval of the application.
3.
The Planning Commission must study the need and justification for the change based on a determination of the facts applicable to the particular case, and the following general lines of inquiry must be considered:
a.
Whether the zoning proposal will permit a use that is suitable in view of the use, development and zoning of adjacent and nearby property.
b.
Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.
c.
Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.
d.
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, schools, police protection, fire protection, public health facilities or emergency medical service.
e.
Whether the zoning proposal is in conformity with the policy and intent of the future land use plan for the physical development of the area.
f.
The extent to which property values are diminished by the existing zoning restrictions.
g.
The extent to which the destruction of the subject property's value under the existing zoning promotes the health, safety, morals or general welfare of the public.
h.
The relative gain to the public as compared to the hardship imposed upon the individual property owner.
i.
The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property.
j.
Whether there are other existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.
k.
Whether the change would create an isolated district unrelated to the surrounding districts.
l.
Whether the present zoning district boundaries are illogically drawn in relation to existing conditions in the area.
m.
Whether the change requested is out of scale with the needs of the county as a whole or the immediate neighborhood.
n.
Whether it is impossible to find adequate sites for the proposed use in districts permitting such use and already appropriately zoned.
o.
Whether the need for rezoning could be handled instead by a variance request to the Planning Commission.
p.
Whether there would be an ecological or pollution impact resulting from major modifications to the land if the request is granted.
q.
Whether there is reasonable evidence based upon existing and anticipated land use that would indicate a mistake was made in the original zoning of the property.
4.
When the application is for site-built houses, modular homes and mobile homes more than seven years old being moved into Hall County for the purpose of permanent or temporary occupancy, in addition to the items listed above, the Planning Commission must also consider the compatibility of the proposed residential unit with the existing housing in the area surrounding the proposed location of that residence in terms of the type of housing, the style of housing, the age of housing and the condition of housing.
5.
When the application is for pre-owned site built houses, industrialized homes or manufactured homes to be moved into Hall County for the purpose of permanent or temporary occupancy, in addition to the items listed in subsection "3" above, the Planning Commission must consider the compatibility of the proposed residential unit with the existing housing in the area surrounding the proposed location of that residence in terms of the type of housing, the style of housing, and the condition of such housing. Such residential unit must meet the minimal standards of all applicable building and construction codes adopted as a part of the Official Code of Hall County. The Planning Commission must first consider an application for such dwelling unit and make its recommendations to the Hall County Commission. The Hall County Commission, in making its decision, may approve the application, deny the application, or approve the application with conditions.
6.
Any manufactured home proposed to be moved into the County into a registered or approved mobile home park, or a manufactured home proposed to be moved into the County for the purpose of upgrading an approved, permitted existing manufactured home, may be exempt from the provisions of review by the Planning Commission or County Commission noted in subsection 5 above. All applicable review and inspection required by Chapter 15 of the Official Code of Hall County, Georgia, will remain in effect for all manufactured homes to be moved into the county which may include a site inspection by the Hall County Building Inspection Department.
G.
Public Hearing Required
1.
The Planning Commission and Board of Commissioners, when taking final action on all applications, must provide for public hearings on the proposed actions. Public meetings related to recommendations made by the Planning Commission to the Board of Commissioners do not require notice provided herein. A notice of public hearings must be published at least 30 days but not more than 45 days prior to said public hearings in a newspaper of general circulation within the territorial boundaries of the county.
2.
The county will follow the additional notice and hearing requirements found in O.C.G.A. § 36-66-1 whenever so required by State law, including any of the following instances when required by State law:
a.
County-initiated rezoning or text amendments to revise a zoning classification related to single-family residential uses of property so as to authorize multi-family uses on property pursuant to such classifications or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning district;
b.
Halfway houses, drug rehabilitation centers, or other facilities for the treatment of drug dependency; or
c.
Annexations.
H.
Public Notice of Hearing
1.
Contents of Notice. If an application is being considered for a change of zoning for a specifically described tract or parcel of land (amendment to the zoning map), the public notice must, in addition to the requirements of this Sec. 11.2.6, include the following information:
a.
The location of the property; and
b.
The present zoning classification; and
c.
The proposed zoning classification of the property.
2.
Posting and Mailing of Notice
a.
Posted Notice. All zoning map amendments initiated by a party other than the county Planning Commission or the county Board of Commissioners, and applications for uses subject to approval of the County Commission, require a sign placed in a conspicuous location on the property which is the subject matter of the zoning application.
b.
Mailed Notice. Mailed notice must be made via U.S. Postal Service mail a least 30 days but not more than 45 days before the date of the public hearing to the following parties:
i.
Property owner notice. Mailed notice must be made to the property owner(s) of record. The applicant must provide the mailing address for property owner(s) with the filing of the zoning petition.
ii.
Applicant.
iii.
Appellant for any filed appeal must also receive mailed notice if not one of the parties already identified as requiring notice.
3.
Sign Posting Information. The public notice sign must contain the same information described in Sec. 11.2.6.H.1.
4.
Sign Posting Date. The required public notice sign must be posted not less than 15 prior to the date of the hearing.
I.
Public Notice of Hearing for Applications Initiated by the County
When an application is brought by or initiated by the Board of Commissioners of the county, or by an administrative official of the county, the only public notice required by these zoning regulations is newspaper advertisement as set forth in O.C.G.A. § 36-66-1 et seq. and Secs. 11.2.6.G. and 11.2.6.H.
J.
Action by Board of Commissioners
1.
The Board of Commissioners must consider applications for uses subject to approval of the County Commission and all zoning recommendations of the Planning Commission, including conditions of approval and any additional evidence that applicant wishes to present at a public hearing on the date advertised, at which time all interested parties and citizens will have an opportunity to be heard and present evidence regarding the proposed amendment or use subject to approval of the County Commission, or the appeal of the conditional use permit or use subject to approval of the Planning Commission, or other zoning decisions.
2.
The Board of Commissioners may place any reasonable conditions or stipulations upon any application for a use subject to approval of the County Commission, a proposed amendment or the appeal of a conditional use permit or use subject to approval of the Planning Commission, or other zoning decisions as deemed necessary to further insure the orderly operation of proposed uses and their compatibility with the surrounding properties.
3.
The Board of Commissioners, in making its decision on the proposed amendment, the use subject to approval of the County Commission, or the appeal of a conditional use permit, or the use subject to approval of the Planning Commission, or other zoning decisions, must consider the general lines of inquiry established under Sec. 11.2.6.F. and any other relevant factor submitted by the applicant.
4.
The applicant/appellant must have the burden of proof, which must include the presentation of evidence and the burden of persuasion of each factor necessary to receive approval of the Board of Commissioners. Failure of the applicant/appellant to meet this burden may result in a denial of the proposed amendment, the use subject to the approval of the County Commission, or the appeal of a conditional use permit or the use subject to approval of the Planning Commission, or other zoning decisions.
5.
The Board of Commissioners public hearing is to be held as follows (or the Planning Commission, where authorized by this UDC as the final decision-making body):
a.
The public hearing is to be held in conjunction with regular meetings of the Board of Commissioners or Planning Commission, as applicable, with published notice of time and place.
b.
The hearing is conducted by the county attorney or other hearing officer designated by the Board of Commissioners.
c.
The hearing officer introduces the proposed zoning amendments before the Board of Commissioners or Planning Commission, as applicable. Proposals are considered in the order listed in the published notice. The hearing officer describes each proposed zoning amendment and the party initiating the proposal. Staff is then called upon to report on the Planning Commission's recommendation and summarize its written report.
d.
Persons both favoring and opposing the proposed amendment are provided an opportunity to address the Board of Commissioners. During this period:
i.
Each speaker must first state his name and address.
ii.
Comments are accepted first from the party proposing the action and any other proponents of the action, followed by opponents of the action. The party proposing the action may then offer rebuttal.
iii.
The hearing officer may place reasonable limits on the number of persons who may speak for or against the proposal, on the time allowed for each speaker, and on the total time allowed for comment. No less than ten minutes may be permitted for all of those speaking in support of an amendment and no less than ten minutes may be permitted for all those speaking against, unless such proponents or opponents take less time than the minimum allowed.
iv.
Comments must pertain only to the merits of the proposed action and must be directed to the Board of Commissioners. Comments are not allowed that may be construed as personal attacks on any other speaker or are irrelevant to the proposed action. Violators will be first cautioned and then prevented from making further comment.
v.
Petitions, studies, letters, and other material should be submitted prior to the hearing, allowing ample time for study by the Board of Commissioners. Materials submitted at the hearing may or may not be accepted by the board, and if presented orally are subject to time limitations.
e.
The Board of Commissioners may, if necessary, call on previous speakers for clarification, or may call for additional views, studies or information from any source considered necessary to making a sound decision. The Board of Commissioners may continue the hearing to a later date.
f.
The decision rendered by the Board of Commissioners regarding the proposed amendment, the use subject to approval of the County Commission, or the appeal of a conditional use permit or the use subject to approval of the Planning Commission, or other zoning decisions, will be considered the final action on the application.
g.
No approval or denial of an amendment, use subject to approval of the County Commission, appeal of an administrative official or decision-making body, approval or denial of a use subject to approval of the Planning Commission, or other zoning or quasi-judicial decision by the Board of Commissioners will become effective unless said approval or denial is determined after a public hearing.
K.
County Approval for Withdrawal of Applications
An application for any request considered by the Planning Commission may be withdrawn by the applicant at any time prior to the notification by public advertisement of the adjoining property owners. The application may be withdrawn after said public notice is given and before the Planning Commission takes a vote on said application only with the consent of a majority of the members of the Planning Commission. For applications requiring a recommendation from the Planning Commission for final action by the county Board of Commissioners, after the Planning Commission has taken a vote on the application, the application may only be withdrawn with the consent of a majority of the Board of Commissioners voting to allow the applicant's request to withdraw the application. For appeals to the Board of Commissioners or Planning Commission decisions, the application may only be withdrawn with the consent of a majority of the Board of Commissioners voting to allow the applicant's request to withdraw the appeal. Fees are to be refunded as described in Sec. 11.2.1.
L.
Successive Applications
If a use subject to approval of the County Commission or Planning Commission or a rezoning is denied, or if an appeal from the decision of an administrative official or the Planning Commission is affirmed by the Board of Commissioners, then the same property may not again be considered for any zoning application, (rezoning, conditional use, variance, etc.) and no such application may be filed, until the expiration of at least six months immediately following the date of the denial of the use or rezoning or the denial of the appeal. The same property may not be considered for an application of the same type, and no such application of the same type may be filed, until the expiration of at least twelve months immediately following the date of the denial of the use or rezoning or the denial of the appeal.
M.
Appeals of Board of Commissioners Actions
1.
Any person with adequate standing to do so under Georgia law may seek review in the Superior Court of Hall County in accordance with the applicable procedures established by the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-5.1.
2.
The Director of Community Development and Infrastructure is authorized, without additional board or agency action, to approve or issue any form or certificate necessary to perfect any appeal petition for review of lower judicatory bodies, and is authorized, without additional board or agency action, to accept service or be served in behalf of any lower judicatory board or agency, during normal business hours, at the regular offices of the county.
3.
Service of an appeal of any quasi-judicial decision rendered pursuant to this section may be effected or accepted on behalf of the local governing authority, during normal business hours, at the regular offices of the county, by the county attorney when so allowed by the county's service of process resolution, otherwise said service may be effected or accepted on behalf of the local governing authority according to the requirements of O.C.G.A. § 9-11-4(e).
N.
Georgia Zoning Procedures Law
The review and approval procedures of this zoning ordinance are intended to comply with the provisions of the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.), which is incorporated by reference in its entirety. If any provision of this zoning ordinance is in conflict with any provision of the zoning procedures law or if this zoning ordinance fails to incorporate a provision required for the implementation of the zoning procedures law, the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.) controls.
O.
Amendments to Subdivision Regulations
The Planning Commission, upon referral from the Board of Commissioners, may from time to time recommend amendments to the subdivision regulations of this UDC. Any amendment must be heard by the Planning Commission, who must make a recommendation to the Board of Commissioners regarding approval or denial. Prior to acting on any proposed amendment, the Board of Commissioners must hold a public hearing on the amendment, having first published a notice of the time and place of the hearing in a newspaper of general circulation in the county at least 15 days prior to the hearing.
11.2.7. Appeals
A.
Right to Appeal
1.
Any person aggrieved by the final decision rendered on any proposed amendment, any conditional use permit, or use subject to the approval of the Planning Commission, or any other zoning or quasi-judicial decision by any county official, department, board, or agency affected by any final order, requirement, or decision authorized in this UDC shall have the right to an appeal of the decision. Appeals of administrative officials will be heard by the Planning Commission, and appeals of any decision-making body will be heard by the Board of Commissioners.
2.
A person is considered aggrieved for purposes of this section only if the person or their property was the subject of the action appealed from, or the person has a substantial interest in the action being appealed that is in danger of suffering special damage or injury not common to all property owners similarly situated.
B.
Filing of Appeal
In order to file an appeal, the appellant must submit a written notice of appeal within 30 calendar days of the decision to the Planning Commission office. The appellant must submit justification and reasons for the appeal. Such justification should make specific reference to such relevant analysis as listed in Sec. 11.2.6.F. The appeal fee must be paid at the time of filing said written notice of appeal. The Director of Planning and Zoning, upon receipt of the written notice of appeal and fee, shall notify the county administrator of the appeal and submit the notice and record of the application to the county administrator.
C.
Hearing and Decision
1.
The appropriate hearing body (either the Planning Commission or the Board of Commissioners) must hold a public hearing to consider all appeals of decisions by administrative officials and decision-making bodies. The only active participants are the appellant, the original applicant (if other than the appellant), and the zoning official or other administrative official whose decision is being appealed. Participants in the meeting may present testimony, produce documentary evidence, and may cross-examine witnesses provided by another participant. The Board of Commissioners or Planning Commission may ask questions or seek clarification from any participant in the hearing, and may limit the time for the hearing as it deems necessary and appropriate provided that all participants are afforded equal time to present evidence.
2.
Following the close of the hearing and following its consideration of all testimony, documentary evidence, and matters of record presented, the Board of Commissioners or Planning Commission must render its decision. The decision must be made within a reasonable period of time, but in no event more than 30 days from the date of the close of the hearing.
3.
In exercising its powers, the Board of Commissioners or Planning Commission may reverse or affirm the decision in whole or in part, or may modify the order, requirement, decision, or determination appealed from. To that end, the hearing body has all the powers of the administrative official or decision-making body from whom or from which the appeal was taken, and it may issue or direct the issuance of a permit or other approval, provided that all requirements imposed by all other applicable laws and ordinances are met. In no case may the powers of the hearing body be construed to include authority to reclassify use zones. An appeal may be reversed or the decision modified only upon an expressed finding by the hearing body that the action was based on an erroneous finding of a material fact, or that said action was arbitrary.
D.
Required Public Notice
Notice to members of the public must be provided in accordance with the provisions of this UDC and O.C.G.A. § 36-66-1 et seq.
E.
Date of Public Hearing
The county administrator or other appropriate county official must place an appeal on the agenda of the first public meeting of the appropriate hearing body of the county arising after the relevant notice provisions of Sec. 11.2.6.H. have been complied with.
F.
Payment of Costs of Appeal
The appellant will bear the costs of preparing the necessary documents as required by the county to properly appeal the matter before the hearing body, in addition to the appeal fee.
G.
Decision of Appeal
1.
An appeal may be sustained (i.e.: where the decision is reversed) only upon a finding by the hearing body that the action subject to the appeal was based on an erroneous finding of a material fact or that the administrative official or decision-making body acted in an arbitrary manner.
2.
Appeals of administrative officials will be heard by the Planning Commission.
3.
Appeals of any decision-making body will be heard by the Board of Commissioners.
4.
Appeals of the Board of Commissioners must be appealed to the Hall County Superior Court accordance with the Zoning Procedures Law, O.C.G.A. § 36-66-5.1.
Sec. 11.3. - Nonconforming Uses and Structures
11.3.1. Purpose
A.
Within the districts established by this UDC, or amendments thereto that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this UDC was passed or amended, but which would be prohibited under the terms of this UDC or any future amendment.
B.
To avoid undue hardship, nothing in this UDC may be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun before the effective date of adoption or amendment of this UDC and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work must be diligently carried on until the completion of the building involved.
11.3.2. Continuation of Nonconforming Use or Structure
A.
Any structure or use of land existing at the time of enactment or subsequent amendment of the resolution codified in this UDC, but not in conformity with its use regulations and provisions, may be continued with the following limitations. It may not be:
1.
Changed to another nonconforming use.
2.
Re-established after discontinuance of that use for a period of one year.
3.
Enlarged beyond its size at the time the use or structure became nonconforming. This includes, but is not limited to, the size of the building, the number of employees, operation during other hours of the day or night, the use of additional land beyond the original lot or parcel, and additional or more powerful equipment.
4.
Rebuilt, altered, repaired or replaced after damage exceeding 75 percent of the fair sale value of the structure immediately prior to damage. A nonconforming mobile home may not be replaced after it is removed from the property.
B.
Any building containing a nonconforming use is considered a principal structure.
C.
Any replacement of a preexisting manufactured home or mobile home with a manufactured or mobile home may be permitted in accordance with O.C.G.A. § 36-66-7 et seq.
11.3.3. Continuation of Nonconforming Use or Structure Due to Hardship
A.
The Planning Commission may grant, with the exception of slow rate land treatment systems which require County Commission approval as a use subject to approval of the County Commission, the change, re-establishment or enlargement of a nonconforming use or the enlargement, rebuilding, alteration, repair or replacement of a nonconforming structure upon the following findings:
1.
The change, re-establishment, enlargement, rebuilding, alteration, repair or replacement would be no more detrimental to the surrounding area than the existing or previous use.
2.
The structure cannot economically be modified to be suitable for uses permitted in the district.
3.
The structure would have to be removed to permit development of the property for conforming uses.
4.
The structure has such value that removal to permit development of conforming uses would cause economic hardship to the owner.
5.
The proposed change, re-establishment, enlargement, rebuilding, alteration, repair or replacement would not cause substantial detriment to the public good or impair the purposes and intent of this UDC.
6.
The requirements of this UDC for rezoning would prevent the current zoning from being changed to a classification that would allow the proposed change, re-establishment, enlargement, rebuilding, alteration, repair or replacement.
11.3.4. Information Required for Continuation of Nonconforming Use or Structure
A.
Applications submitted to the Planning Commission requesting a change, re-establishment, enlargement, rebuilding, alteration, repair or replacement of a nonconforming use or structure must include the following information:
1.
The applicant will bear the burden of providing conclusive evidence to the Planning Commission that the use or structure is legally nonconforming. This evidence may include, but is not limited to, business licenses, tax receipts, or utility bills.
2.
The applicant must submit a plat or an accurate site plan, drawn to scale, showing the dimensions of the lot, size and location of all structures and their distance from all property lines, the names of all streets upon which the property is located, and parking areas and spaces.
3.
If the request is for a commercial use or structure, a written description must be submitted to describe the existing business and any proposed changes in the use. This description must include hours of operation, number of employees, equipment used, products made and/or sold, type of signs, and/or other information as needed for the board to reach a decision.
4.
The applicant must provide evidence to the Planning Commission of how the proposed change, re-establishment, enlargement, rebuilding, alteration, repair or replacement will comply with the current zoning, health and building requirements.
11.3.5. Additional Conditions Placed on Continuation of Nonconforming Use or Structure
If the requested change, re-establishment of use, enlargement of the use, rebuilding, alteration, repair or replacement is approved, the Planning Commission may place conditions on the approval to insure protection of the surrounding area. The applicant is responsible for conformance with these conditions.
11.3.6. Appeals
Any decision of the Planning Commission may be appealed to the Board of Commissioners of the county, in accordance with Sec. 11.2.7.
Sec. 11.4. - Enforcement
11.4.1. General
This section applies in addition to the specific enforcement provisions otherwise provided in this UDC.
11.4.2. Enforcement
A.
Enforcement Officials
It is the duty of the Director of Planning and Zoning, Director of Engineering, and Building Official to enforce these regulations, as applicable, and to bring to the attention of the county attorney any violations or lack of compliance herewith.
B.
Subdivision Violation and Enforcement
1.
Unlawful Transfer of Title. No owner, or agent of the owner, of any parcel of land located in a proposed subdivision may transfer title to any such parcel before a plat of such subdivision has been approved by the Planning Commission, in accordance with the provisions of this UDC, and filed with the clerk of superior court.
2.
Denial of Building Permit. No building permit may be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.
C.
Inspection and Right of Entry
Work for which a permit is required by this UDC is subject to inspection by authorized County representatives or employees upon presentation of County identification to the owner, owner's agent, operator, or occupants during all reasonable hours, or outside reasonable hours in the event of any emergency threatening life or property. Where it is necessary to make an inspection to enforce the provision of this UDO and the Director of Planning and Zoning or authorized employee has reasonable cause to believe that there exists upon a premises or property a condition which is contrary to the UDO and has been refused access to the property or premises, the Director or authorized County representative or employee may seek an inspection warrant from a court of competent jurisdiction as in accordance with Georgia law.
11.4.3. Remedies for Violation
In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this UDC, the Building Official, county attorney or other appropriate authority of the county may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate such violation, or to prevent the occupancy of such building, structure or land. Where a violation of these regulations exists with respect to a structure or land, the county Building Official may, in addition to other remedies, notify all public utilities and county service departments of such violation and request that service be withheld therefrom until such time as the structure or premises are no longer in violation of these regulations.
11.4.4. Penalty
Any person, firm, corporation, association or partnership violating any provision of this UDC as the same exists or as it may hereinafter be amended, or failing to do anything required by this UDC as the same exists or as it may hereafter be amended, may be guilty of a misdemeanor, amenable to the process of the Magistrate or State Court of Hall County, and upon conviction, be punished as provided in the Official Code of Hall County, Georgia, section 1.50.020 for each violation in the discretion of the court. Every day that such violation exists may be deemed a separate offense.