These land development regulations shall be known as the "Unified Land Development Code of Henry County, Georgia", and may be referred to as the "ULDC."

The ULDC is enacted pursuant to the requirements and authority granted by the Constitution and laws of the State of Georgia, in particular, House Bill No. 51 amending Title 36 of the Official Code of Georgia Annotated to include Chapter 66, the "Zoning Procedures" law. The ULDC therefore replaces Chapters 3-6 through 3-11 of the Henry County Code.

1.03.01.

Generally. The regulations, standards, criteria, and procedures set forth in this ULDC shall govern the design, development, and use of all land within the unincorporated areas of Henry County.

1.03.02.

Exemptions and exceptions. The following situations are exempt from the requirements of the ULDC:

A.

Buildings or structures that are legally under construction on the date of adoption of the ULDC.

B.

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

C.

Provided that development pursuant to an approved development plan or subdivision plat approved prior to the effective date of this ULDC, commences not later than one (1) year after the effective date of this ULDC.

D.

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

E.

Applications for building permits, development permits and zoning requests legally submitted, with a completed application and paid fees prior to the adoption of this ULDC, shall not be required to meet the requirements of the adopted ULDC, but shall meet the requirements of adopted ordinances at the time of application.

F.

Zoning requests denied, but legally submitted pending the appeal of the board of commissioners.

The purpose and intent of the ULDC is to:

A.

Promote the health, safety, aesthetics, convenience, order, prosperity, and the general welfare of the present and future inhabitants of Henry County;

B.

Lessen congestion on the public streets;

C.

Further traffic safety;

D.

Secure safety from fire, flood and other dangers;

E.

Provide adequate light and air;

F.

Prevent the overcrowding of land, avoiding both undue concentration of population, and urban sprawl;

G.

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

H.

Protect property against blight and depreciation;

I.

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

J.

Ensure economy in government expenditures for infrastructure; and

K.

Preserve natural resources.

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

The planning and zoning department is the administrative agency charged with the administration of this code and may therefore establish such rules and procedures as may be necessary, including, but not limited to, administrative procedures for the filing of applications for amendment to the official zoning map of Henry County (i.e., zoning requests), variances, and other applications for development approval. The administrator or assigned designee is hereby authorized to interpret the provisions of this code when warranted and appropriate.

1.07.01.

Official zoning map.

A.

The official zoning map shall be adopted by resolution of the board of commissioners, which directs the identification of the official zoning map by the signature of the chairman of the board of commissioners, attested by the county clerk, and bearing the seal of the county under the following words: "This is to certify that this is the Official Zoning Map of Henry County", together with the date of adoption.

B.

The official zoning map of Henry County, Georgia, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ULDC.

C.

If, in accordance with the procedural requirements set forth in section 12.02.09 regarding amendments to the official zoning map, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map once a year after the amendment has been approved by the board of commissioners, with an entry in the minutes of such board of commissioners meeting as follows: "On ________, 20___ by official action of the board of commissioners, the following (change) changes (was) were made to the official zoning map: (brief description of nature of change or changes)," which entry shall be signed by the chairman of the board of commissioners, and attested by the county clerk.

D.

The official zoning map, located in the office of the planning and zoning department shall be the final authority as to the current zoning status of any parcel or lot in the county.

E.

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the board of commissioners may, by ordinance, adopt a new official zoning map, which shall supersede the prior official zoning map.

1.

The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map.

2.

The official zoning map shall be adopted every twelve (12) months or one (1) year, as needed, by the board of commissioners.

3.

This new official zoning map shall be identified by the signature of the chairman of the board of commissioners, attested by the county clerk, and bearing the seal of the county under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on ________, 20___ as part of the ULDC."

4.

Unless the previous official zoning map has been lost, or has been totally destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment.

5.

If official zoning records are in conflict with the official zoning map and reveal drafting or other errors, such records shall be used to amend the official zoning map administratively. Further, notification of such errors shall be made to the board of commissioners for certification and adoption.

1.07.02.

Functional road plan The functional road plan, adopted in the comprehensive plan, describing the functional classifications and associated right-of-way requirements, is hereby adopted by reference and declared to be a part of this ULDC. This plan provides information to guide Henry County in requiring the dedication or preservation of land for rights-of-way for future streets.

1.07.03.

Georgia Stormwater Management Manual. The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a part of this ULDC. The GSMM specifies the channel protection, flood control requirements and design standards necessary to control stormwater runoff and protect water quality.

1.07.04.

Metro North Georgia Water Planning District. The Metropolitan North Georgia Water Planning District was signed into law on April 5, 2001, (2001 S.B. 130) to develop regional and watershed specific plans for a sixteen-county area. Henry County is a member of the water supply area and a member of the Metropolitan North Georgia Water Planning District; thus enabling legislation also requires that all provisions established by the district be implemented by the local governments.

1.07.05.

Floodplain management. Henry County is required to adhere to floodplain management standards referenced in Paragraph 60.3(d) (44 CFR 59) based on participation with the National Flood Insurance Program (NFIP). The adopted flood insurance study (FIS), dated May 16, 2006, with accompanying maps and other supporting data and any revision thereto, are hereby adopted by reference and shall be the final authority as to indicate base flood elevations (BFE) for Henry County, if available. Other methods can be used to determine the BFE as detailed in subsection 3.01.01(C)(2) where the FIS did not establish a BFE.

1.07.06.

Building and construction codes. Each building and construction code listed in subsections 1.07.06(A) through (O) as approved by the State of Georgia, including any attachments, future editions and amendments are hereby adopted by reference as if set forth in its entirety. Consult the website for the Henry County Board of Commissioners at www.co.henry.ga.us/buildingdepartment for the latest codes in effect.

A.

International Building Code (ICC)

B.

National Electric Code as published by the National Fire Protection Association (NFPA)

C.

International Fuel Gas Code (ICC)

D.

International Mechanical Code (ICC)

E.

International Plumbing Code (ICC)

F.

International Residential Code for One- and Two-Family Dwellings (ICC)

G.

International Energy Conservation Code (ICC)

H.

International Fire Code (ICC)

I.

International Property Maintenance Code (ICC)

J.

Standard Amusement Device Code (SBCCI/ICC)

K.

Excavation and Grading Code (SBCCI/ICC)

L.

International Existing Buildings Code (ICC)

M.

Standard Swimming Pool Code (SBCCI/ICC)

N.

Standard Unsafe Building Abatement Code (SBCCI/ICC)

O.

The Code for Safety of Life from Fire in Buildings and Structures as contained in the National Fire Prevention Association Publication 101 (NFPA).

1.07.07.

OSHA safety and health regulations regarding excavating and trenching. All safety and health regulations promulgated by OSHA with regard to excavating and trenching operations, particularly Part 1926, Subpart P, Excavation, Trenching, and Shoring, sections 1926.650, 1926.651, and 1926.652 of the Code of Federal Regulations, as the same now exists or may be hereafter amended, are hereby adopted as a part of this ULDC as if it were quoted verbatim herein.

1.08.01.

Generally.

A.

The following rules of interpretation shall apply in the administration of the ULDC:

1.

In the administration of the ULDC, where there is any conflict between text within the ULDC and any caption, illustration, or graphic presentation, the text shall control.

2.

All statements that refer to "section" means sections of this ULDC unless the statement clearly provides a citation to another document.

3.

More specific provisions of this ULDC shall be followed in lieu of more general provisions.

4.

Where more than one (1) standard on the same subject is applied to the design and development of land, the stricter standard shall apply.

5.

In interpreting and applying the provisions of this ULDC, the provisions shall be the minimum requirements for the promotion of health, safety, aesthetics, and welfare of the general public.

1.08.02

Rules for boundary interpretations It is the intent of this Unified Land Development Code that the entire area of the county, including all land, water areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this Unified Land Development Code. Where uncertainty exists with respect to the location of the boundaries of any zoning district in Henry County the following rules shall apply:

A.

District boundaries indicated as approximately following the centerlines of streets or highways shall be construed as following the indicated centerline.

B.

District boundaries indicated as approximately following street or highway right-of-way lines shall be construed as following the street or highway right-of-way lines.

C.

District boundaries indicated as approximately following lot or property lines shall be construed to follow such lot or property lines.

D.

District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or railroads, or rights-of-way of same, shall be construed as being parallel thereto and at such distance as indicated on the official zoning map. If no distance or legal description is given, the dimension shall be determined by the use of the scale shown on the official zoning map.

E.

Where a district boundary line divides a lot that is in single ownership at the time of enactment of this ULDC, the district requirements for each portion of such lot shall be deemed to apply.

F.

In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning district boundary line paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot.

G.

Where zoning district boundaries are in doubt, the administrator shall make such interpretation using the appropriate scale from the official zoning map.

H.

All rights-of-way; not otherwise specifically designated, shall be zoned RA.

1.08.03.

Rules of construction.

A.

Words used in the present tense shall include the future tense.

B.

Words used in the singular number shall include the plural number, and words used in the plural number shall include the singular number.

C.

A word importing the masculine gender shall extend and be applied to female persons and to firms, partnerships, and corporations, as well as to male persons.

D.

The word "may" is always permissive and never mandatory. The word "shall" is always mandatory.

E.

The word "month" shall mean thirty (30) days.

F.

The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies both political and corporate, as well as to individuals.

G.

The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to other instances or circumstances of like kind or character.

1.08.04.

Computation of time. Except as required by state or federal law, or as interpreted by the courts, the time within which an act shall be done shall be computed by working days, excluding the first and including the last day. Saturdays, Sundays, and legal holidays in Henry County shall be excluded from the computation.

(Ord. No. 13-03, § I, 3-19-13)

This ULDC is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ULDC and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

If any section, paragraph, clause, phrase, or provision of this ULDC shall be adjudged invalid or held unconstitutional, such decisions shall not affect the validity of remaining portions of this ULDC.

A.

Zoning districts as were established under the previous zoning ordinance of Henry County are hereby renamed to the following zoning district names and designations under this ULDC, as shown in Table 1.11.00(A). All regulations, requirements and provisions of this ULDC applicable to a zoning district established under this section shall apply to the previously named zoning district as now named, as shown in Table 2.01.07(A).

B.

All special conditions and special stipulations imposed as conditions of rezoning of property prior to adoption of this ULDC are hereby retained and reaffirmed, and shall continue in full force and effect until such time as the property is rezoned or the prior zoning action of the board of commissioners is amended through the rezoning process established by this ULDC.

Table 1.11.00(A): Conversion of Previous Zoning Districts

C.

Any subdivision (residential or commercial), platted prior to the September 15, 2009 adoption of the Unified Land Development Code (ULDC), shall retain all development standards which were in place at the time of platting.

(Ord. No. 10-20, § I(1), 6-15-10)