This chapter shall be known as the "McDuffie County Land Development Code."

(Ord. of 3-23-99, Art. I, § 1)

The board of commissioners of McDuffie County, Georgia, under the authority of Article IX, Section II, Paragraph IV of the 1983 State of Georgia Constitution, as amended, hereby ordains and enacts into law this official land development code for the unincorporated areas of McDuffie County. It is the intent of this chapter to advance the following general goals:

(1)

To promote the health, safety, morals, and the general welfare of the community;

(2)

To minimize traffic congestion and encourage the safe and efficient movement of people and goods through and within McDuffie County;

(3)

To prevent the overcrowding of land;

(4)

To balance public and private interests in land development so that landowners may enjoy the maximum use and retain the maximum value of their property, without abridging or impeding the rights of their neighbors to do the same;

(5)

To encourage orderly growth that is compatible with the government's ability to provide adequate transportation, water, sewerage, schools, parks, fire and police protection, and other public facilities;

(6)

To protect critical and sensitive natural resources from degradation due to pollution and overdevelopment;

(7)

To preserve and reinforce McDuffie County's unique and cherished character; and

(8)

To promote and implement the goals and objectives of the McDuffie County Comprehensive Plan.

(Ord. of 3-23-99, Art. I, § 2)

Georgia law requires each local government that adopts a zoning ordinance to specify the standards or factors that will be considered by the government when balancing public and private land development interests in zoning decisions. The following standards governing the exercise of the zoning power are adopted in accordance with O.C.G.A § 36-66-5(b):

(1)

The existing land uses in the general area of the subject property and the zoning classification of nearby properties;

(2)

The suitability of the proposed property use(s) as to the intent authorized by this chapter;

(3)

The extent to which the value of the property in question would be diminished by the specific zoning requirements;

(4)

The extent to which the diminution of private property value is necessary to promote the health, safety, morals, or general welfare of the public;

(5)

The extent to which the hardships imposed upon the individual property owner by the ordinance are balanced by the public benefits resulting from the applicable zoning requirements;

(6)

The extent to which the property in question has a reasonable economic use as currently zoned;

(7)

The length of time that the subject property has remained vacant as zoned in relation to the rate and intensity of development in the areas within the vicinity of the subject property;

(8)

Whether the requested action will promote land uses that are generally compatible with the intensity and use of land development within the vicinity of the subject property;

(9)

Whether the requested action will adversely affect the existing land use or development potential of nearby properties;

(10)

Whether the requested action conforms with the policies and intent of the McDuffie County Comprehensive Plan;

(11)

Whether the requested action will result in a use which will or could cause an excessive or exhaustive burden on the capacity of existing public streets, parks and recreation facilities, solid waste disposal facilities, utilities, schools, or other essential public facilities;

(12)

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

(Ord. of 3-23-99, Art. 1, § 3)

Unless otherwise provided by this chapter:

(1)

Use of buildings, structures, and land. No building, structure, or land shall hereafter be used or occupied and no building, structure, or part thereof shall be erected, moved, or altered unless in conformance with the requirements herein specified for the zoning district in which it is or is to be located. Any use not allowed as a permitted use or permitted use by special exception within the applicable zoning district shall be deemed prohibited. No more than one principal use and structure per lot shall be permitted other than multifamily structures in an R-3 district, unless approved by the board of commissioners in accordance with this chapter.

(2)

Height and intensity of use. No building or structure shall hereafter be erected or constructed that does not comply with the applicable height, intensity of use, and setback requirements contained in this chapter, unless a variance has been granted by the development code administrator, planning commission board, or board of commissioners in accordance with this chapter.

(3)

Street frontage. No building or structure shall be erected on any lot which does not have immediate frontage on at least one public street for a minimum distance as required within the applicable zoning district, unless a variance has been granted by the planning commission board, development code administrator, or the board of commissioners in accordance with this chapter. All lots having frontage on more than one street should satisfy the minimum frontage requirements along all such streets.

(4)

Yards and open spaces (sharing prohibited). No part of a yard or open space, loading space, or off-street parking space about any building or lot, required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or open space, loading space, or off-street parking space similarly required for another building or lot.

(Ord. of 3-23-99, Art. I, § 4)