A.

Article 4 outlines the procedures to be followed in order to comply with the requirements of this ordinance. Initial information about the ordinance may be obtained from the administrative officer.

B.

The administrative officer will provide and maintain copies of the ordinance for review and/or sale.

A.

No building is to be erected, used, occupied, moved, or altered in a manner that does not conform to the requirements specified for the district in which it is located.

B.

The only exception to this requirement is that all buildings or uses which lawfully existed at a particular location at the time this ordinance was adopted may be continued but only, as provided in section 403, "Continuance of non-conforming uses."

A.

To determine whether a structure or use existing or proposed for any property located within Spalding County is or may be used or developed in compliance with this ordinance, the owner of the property or his agent may request a certificate of zoning compliance from the zoning administrator. Such request shall be in writing and on such forms as may be developed for such purpose, which shall minimally meet the following standards:

1.

Identification of the owner of the subject property;

2.

Identification of any agent of the owner of the subject property;

3.

A legal description of the subject property;

4.

A complete description and inventory of all existing structures on the subject property;

5.

A complete description and inventory of all proposed structures proposed or to be located on the subject property under this ordinance and for which the certificate of zoning compliance is being requested;

6.

A complete description and inventory of any and all activities presently occurring; and

7.

A complete description and inventory of any and all activities proposed to occur on the subject property and for which the certificate of zoning compliance is being requested.

B.

The zoning administrator or his representative shall respond in writing within ten (10) business days of receipt of a request for a certificate of zoning compliance.

C.

The issuance of the certificate of zoning compliance shall be confirmation that the structures and/or uses located on or proposed for the subject property have been determined to be in compliance with the zoning ordinance of Spalding County and may be legally conducted thereon as of the date of issuance of the certificate.

D.

In absence of a certificate of zoning compliance, no representation by any official or employee of Spalding County shall in any way legally bind Spalding County or in any way constitute any determination that the structures and/or uses located on or proposed for the subject property are in compliance with the zoning ordinance of Spalding County, or any appendix thereto nor shall any owner of property within Spalding County or his agent, successor or assign, claim any vested right to maintain or construct any structure and/or conduct any use located on or proposed for the subject property.

E.

Any certificate of zoning compliance issued hereunder shall be valid for a period of thirty (30) days, within which period the applicant must make further application to commence or conduct the uses requested within the application for a certificate of zoning compliance or construct any structure(s) identified in the application for a certificate of zoning compliance.

(Res. of 8-5-97, § 1)

Invariably, at the time a land use and development control ordinance is adopted or amended, certain uses of land and structures which lawfully existed prior to the adoption or amendment will not conform to the regulations and standards for the districts in which they are located. These are known as non-conforming uses. Nonconforming lots, buildings, structures and uses are incompatible with the provisions of the zoning districts in which they are located. It is the intent of this ordinance that these nonconformities shall not be enlarged, expanded, or extended, except as otherwise permitted in this article, not be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district. In order to feasibly adopt the zoning ordinance and amended thereto so as not to cause undue economic hardship on owners of non-conforming uses, these uses are allowed to continue under the following conditions:

A.

Nonconforming lots.

1.

Where a lot of record in existence at the time of the adoption or amendment of this ordinance does not meet the requirements for lot width or lot area, the lot of record may be used for any permitted use in the district in which the lot is located, provided that any building or structure constructed on the lot complies with all other requirements for the zoning district. The nonconforming lot may also be used for conditional or special uses, if it meets all applicable requirements of this ordinance for those uses.

2.

If two (2) or more vacant lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this ordinance, or an amendment thereto, with continuous frontage and under single ownership, do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of that parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this ordinance.

B.

Nonconforming uses.

1.

A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than was occupied at the effective date of adoption or amendment of this ordinance.

2.

No part of any nonconforming use shall be moved unless that movement eliminates or reduces the nonconformity.

3.

If a nonconforming use is abandoned for any reason for a period of more than six (6) months, any subsequent use shall conform to the requirements of this ordinance. A nonconforming use shall be determined to be abandoned if two (2) or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of property owner to abandon the nonconforming use:

a.

Utilities, such as water, gas and electricity to the property, have been disconnected;

b.

The property, buildings, and grounds, have fallen into disrepair;

c.

Signs or other indications of the existence of the nonconforming use have been removed;

d.

Equipment or fixtures necessary for the operation of the nonconforming use have been removed;

e.

For commercial or industrial uses, no business license or occupational tax has been paid for the operation of a commercial or industrial business for the nonconforming use; or

f.

Other actions which, in the opinion of the zoning administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

g.

Uses consisting of lots occupied by storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf courses and similar open uses, where the only buildings on the property are ancillary to the open use and where the use is nonconforming, shall be subject to the following additional restrictions:

i.

When a nonconforming use of land has been changed to a conforming use, it shall not be used again for any other nonconforming use.

ii.

Nonconforming uses of open land shall only be converted to a conforming use.

iii.

A nonconforming use of open land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

iv.

When any nonconforming use of open land is discontinued for a period of more than six (6) months, any future use of the land shall be limited to those uses permitted in the zoning district under which the property is governed.

v.

Vacancy and/or nonuse of the land for a period of more than six (6) months by the owner or tenant shall be deemed to constitute the intent to discontinue the use of open land under this section.

C.

Nonconforming structures:

1.

Where a lawful building or structure exists at the effective date of this ordinance, or an amendment thereto, that does not comply with the requirements of this ordinance because of restrictions such as lot area, lot coverage, width, height, or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following:

a.

No nonconforming building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by fifty (50) percent or less of the distance required by this ordinance.

b.

Only in such cases may the nonconforming setback be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.

D.

Replacement of nonconforming uses that are damaged or destroyed:

1.

Where a nonconforming structure is damaged or destroyed (other than by the deliberate action of the owner or occupant), the structure may be restored to the same or lesser size in the same location.

2.

A letter of intent stating the intent to repair or replace the damaged or destroyed nonconforming structure must be submitted within twelve (12) months of the date of damage or destruction. Restoration must begin within twenty-four (24) months of damage or destruction and diligently carried to completion.

3.

All building materials and architectural details shall conform to the requirements, if any, of the zoning district in which the nonconforming structure is located.

4.

A nonconforming use may be resumed in the nonconforming structure and continued as before, or on a lesser scale, but shall not be enlarged or intensified.

5.

Unless restoration of the nonconforming structure is initiated and completed as required in this section, the use shall terminate and may not be resumed.

6.

Remodeling of the structure shall be permitted so long the nonconforming use is not expanded or enlarged.

7.

No provision of this section shall preclude normal repairs and maintenance on any nonconforming building or structure.

E.

Provisions governing a manufactured home community, nonconforming:

1.

The number of manufactured home spaces in a manufactured home community, nonconforming shall be limited to the number of spaces identified on the lot map filed documenting each manufactured home community nonconforming, located within Spalding County as of January 1, 2023, or the last filing made for the manufactured home community (whichever occurred later) and shall not be increased.

2.

All manufactured homes must be installed in accordance with O.C.G.A. § 8-2-160, et seq.

3.

All manufactured homes must comply with the requirements of the Spalding County, Georgia Code, Part VIII, Chapter 2, Unfit Buildings and Structures.

4.

No manufactured home shall be placed on any existing manufactured home space without a permit issued by Spalding County. Each permit application shall include:

a.

A layout and design of the manufactured home space which will show:

i.

The location of the manufactured home on the manufactured home space;

ii.

The location of a parking space on the manufactured home space for at least two (2) vehicles, to be delineated by landscaping timbers, pavers or other means and covered with material constituting a pervious or impervious surface;

iii.

A landscape plan for each manufactured home space which shall include at least:

a.

One (1) understory tree (defined in zoning ordinance, appendix L, section 102(R); and

b.

At least three (3) shrubs (bushes) (defined in zoning ordinance, appendix L, section 102(M).

iv.

An improved open space or deck of a size containing at least one hundred (100) square feet for use by the occupants of the manufactured home or their guests.

b.

Proof of payment of all outstanding fees, liens, and ad valorem taxes due and owing to Spalding County.

c.

A certificate of occupancy will not be issued for a manufactured home to be located on any manufactured home space within a manufactured home community, nonconformity unit the requirements of subsection 4 [above], have been satisfied.

5.

The lot map documenting each manufactured home community, nonconforming identified in subsection (E)(1) shall be revised to identify a designated recreation area(s) of not less than two thousand five hundred (2,500) square feet in size primarily for the use [of] a playground for resident children.

6.

On or before December 31, 2023, the owner of each manufactured home community, nonconforming shall meet with the zoning administrator to review the following:

a.

The general conditions and structure integrity of the manufactured homes presently located within the manufactured home community, nonconforming and their conformance with required housing codes.

b.

The condition of roads within the manufactured home community, nonconforming and their capability to provide access to emergency services and vehicles.

c.

Compliance of manufactured homes presently located within the manufactured home community, nonconforming with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards, 24 C.F.R., Part 3280.

d.

If the manufactured home community, nonconforming is not served by public water, the design, layout, capacity and source of potable water to serve each manufactured home.

e.

If the manufactured home community, nonconforming is not served by public sanitary sewer, the design, layout, capacity of any private system, either individual septic tanks or a community or multifamily package plant to provide waste disposal sufficient to serve each manufactured home.

f.

The status and quality of utilities and supporting infrastructure to supply electricity, natural gas, telecommunications/broadband and streetlight/emergency lighting services to the manufactured home community, nonconforming.

g.

Rules and regulations governing the manufactured home community, nonconforming.

h.

Any deficiencies in the conditions of the manufactured home community, nonconforming or any individual manufactured home located therein will be identified by the zoning administrator who shall issue a notice of deficiency to either or both the owner of the manufactured home community, nonconforming or the owner of any individual manufactured home(s) located therein directing the correction of such deficiencies and setting a deadline for the completion and correction thereof. No manufactured home may be placed within the manufactured home community, nonconforming until such time as any deficiency identified in the notice of deficiency has been satisfied or corrected.

i.

On or before June 1, 2024, the zoning administrator shall provide a report to the Spalding County Board of Commissioners which details the existing conditions found in each manufactured home community, nonconforming, identifies any notice of deficiency issued and reports on the status of the completion and correction of such deficiencies.

j.

After June 1, 2024, the zoning administrator (in his discretion) shall establish a schedule by which the conditions in each manufactured home community, nonconforming shall be reviewed every three (3) years.

7.

Nothing in this section shall be interpreted as authorization for, or approval of, the continuance of the use or premises in violation of zoning regulations in effect at the time of the adoption of this ordinance.

(Res. No. A-23-01, §§ 4, 5, 6-27-23)

A.

No fence shall exceed six (6) feet in height above the adjoining ground level. No fence located in a front yard (as defined in section 202.VVV) shall exceed four (4) feet in height above the ground level on property zoned AR-1, AR-2, R-1A, R-1, R-2A, R-2, R-3, R-4, R-5, R-6, C-1, C-1A, PDD, VN, AAR, PRRRD and O&I.

B.

No fence shall encroach into the public right-of-way.

C.

Barbed wire or other sharp, pointed fence material shall be allowed on property zoned AR-1 and AR-2 for purpose of livestock constraint.

D.

Barbed wire or other sharp, pointed fence material shall be allowed on property zoned C-1B, C-1C, C-2 and C-3.

(Res. No. A-09-04, §§ 1, 2, 3-16-09)

In any commercial or industrial zoning district where a lot abuts any residential district or any adjacent residential use, a twenty-five-foot wide buffer shall be provided with screening as specified in section 407. Off-street parking associated with such uses shall be governed by this same provision.

Any service area, loading area, refuse, or storage area between a principal building and a public street being visible from said street and lying within one hundred (100) feet of said street shall be provided with screening as specified in section 407, if within any commercial or manufacturing district.

Whenever screening is required by this ordinance, a durable masonry wall, or fence and hedge of sufficient opacity to provide a visual blind designed to be compatible with the character of adjoining properties, shall be provided. Such fences and/or walls shall be at least six (6) feet in height, but no greater than eight (8) feet in height, measured from the ground along the common lot lines of the adjoining properties. When hedges or natural plantings are used (together with the fence prescribed) to form the required screening, the minimum sufficient opacity shall be deemed to require no less than three (3) feet of plantings and/or hedge in the area immediately adjacent to the fence, measured along the ground surface from the fence to the inside border of said plantings and/or hedge plantings. Hedges of comparable natural plantings shall be of such variety that an average height of at least six (6) feet could be expected by normal growth within no later than two (2) years from the time of planting. At the time of the application for a building permit, the applicant shall post a performance bond in the amount sufficient to cover the cost of installation of the required screening. If at the end of the two-year period the buffered screening is satisfactorily in place as prescribed in this section, the amount of the bond shall be returned to the applicant; however, if the required screening is not completed satisfactorily as set forth in this section by the end of the two-year period, the bond shall be deemed forfeited and the required screening will be installed by Spalding County, using the funds from the proceeds of the cash bond posted by the applicant. At the time of the application for a building permit, the applicant shall grant an easement with Spalding County on and over the land site for which application has been made, sufficient to allow Spalding County to enter onto the property and perform the required screening work. Said easement onto the land shall be recorded in the Spalding County Superior Court clerk's office and remain on record at least until the screening is deemed to meet the requirements of this section 407. The administrative officer shall make determination of the degree of satisfactory completion of required screening according to a common standard; the administrative officer's decisions in each instance may be appealed to the board of appeals. When a favorable determination that requirements have been completed is made by the administrative officer, the county will execute a quitclaim or other conveyance of interest revoking the easement to the land owner of record.

A.

The developer or other person wishing to do any of the following must first apply to the building official for a building permit:

1.

Excavation or filling of a lot for the construction of a building.

2.

Erection, movement or demolition of a building, greater than one hundred twenty (120) square feet gross floor area.

3.

Enlargement or other work on an existing building where it is determined by the building official that inspection of the work is necessary. The building official shall maintain a list of work that requires a permit within his office.

4.

Installation of a manufactured home or industrialized building.

B.

No electrical service will be made available to the site of new construction until a building permit is secured.

C.

The building permit must be applied for either by the owner of the land upon which the proposed building or alteration is to be located, or by the contractor doing the work.

D.

The applicant may obtain a building permit application from the building official. He should complete the application form and submit it to the building official, together with any supporting documentation which the building official may specify.

E.

No application will be accepted from any person who is in violation of the zoning ordinance. If an applicant for a building permit is, at the time of such an application, determined by the building official to be in violation of the zoning ordinance, then the building official will be prohibited from accepting or processing any application from that applicant until the applicant voluntarily removes or changes the cause of the violation and ceases to be in violation. The applicant must notify the building official that he has ceased the violation and obtain a release from the administrative officer as to the violation.

F.

When the applicant has ceased to be in violation of this ordinance, the building official will then accept the application for building permit.

G.

Before a building permit is issued by the building official, the Spalding County Health Department must approve the proposed water supply and sewage disposal facilities required in connection with the proposed building or structure. In areas served by a public water and sewage system, the health department may elect to waive the requirement for approval. After study of the site of a proposed use, the health department may require for health reasons that all or any portion of the site not be used for the intended purpose. The health department may also set a minimum lot size larger than that required by this ordinance. The county health department will either approve or disapprove the water and sewer facilities within thirty (30) days of receipt of the application from the administrative officer, providing a written decision, including reasons for the decision.

H.

Except as otherwise provided by this ordinance, an existing use which is altered or extended must meet applicable uniform development ordinances and standards as adopted by the county. Information about applicable development ordinances and standards may be obtained from the building official.

I.

The building official is in charge of issuing building permits. The building permit will be issued if, upon review of the application, the building official is satisfied that the proposed project can meet the requirements of this ordinance and all other applicable ordinances. The building official may require the submission of additional information in order to determine if the proposed project meets the requirements of this ordinance.

J.

If the building official determines that the proposed project as presented in the building permit application will not satisfy the requirements of this ordinance, he will not issue a building permit. He will notify the applicant in writing within ten (10) days of the submission of the application, stating reasons for the refusal. The applicant will then need to confer with the building official to determine what he needs to do in order to comply with the ordinance and be eligible for a building permit.

K.

Work or construction authorized by a permit must commence within one hundred eighty (180) days after the date of issuance. The building official may grant an extension of time in which to commence work or construction for an additional one hundred eighty (180) days, upon written request and a showing of justifiable cause. Any extension granted by the building official shall be documented in writing. In the event work is not commenced within the time authorized, the permit shall be void. If construction has begun on an approved project and then ceases before the project has been completed, construction must restart within twelve (12) months from the time that it was stopped or the permit will become invalid and a new one must be applied for if construction of the project is desired to resume at a future date. Records of the building permits, applications and supporting materials will be maintained by the building official.

L.

All newly constructed buildings, as well as additions, extensions or enlargements of structures must comply with all building codes in effect in Spalding County. The building official will explain the procedures and timing of inspections to determine if work meets applicable codes.

M.

The building official may revoke any building permit where there has been any false statement or misrepresentation as to a material fact or condition in the application or plans on which the permit was based, and upon such revocation, all construction, improvements or alterations as authorized by such permit or approval, shall cease until a valid building permit is issued.

N.

The demolition and removal of a building as defined herein shall require a demolition permit. Such permit shall be valid for a period of ninety (90) days. The permittee shall be required, as part of the demolition project to remove all structure remnants, materials, debris, junk and equipment from the demolition site. The permittee shall also be required to meet soil erosion and sedimentation control requirements, including the permanent re-vegetation of the site.

O.

The demolition and removal of a building as defined herein that has been issued a notice of violation per the Spalding County Minimum Housing and Standards Code shall require a demolition permit. Such permit shall be valid for a period of thirty (30) days. The permittee shall be required, as part of the demolition project, to remove all structure remnants, materials, debris, junk and equipment from the demolition site. The permittee shall also be required to meet soil erosion and sedimentation control requirements, including the permanent re-vegetation of the site. The remodel or repair of any structure issued a notice of violation per the Spalding County Minimum Housing and Standards Code shall require a building permit and submittal of an action plan to be approved by the building official.

(Res. No. A-03-22, § 2, 8-4-03; Res. No. A-04-07, §§ 1, 2, 5-3-04; Res. No. A-09-03, § 1, 5-4-09; Res. No. A-10-08, § 1, 12-20-10; Res. No. A-11-01, § 1, 5-16-11; Res. No. A-11-06, § 1, 9-19-11; Res. No. A-12-05, § 1, 12-3-12)

Editor's note— Res. No. A-13-02, § 1, adopted Sept. 16, 2013, repealed § 408', which pertained to exemption from permit fee and derived from Res. No. A-10-08, § 1, 12-20-10.

A.

Certificate of occupancy is required before a structure for which a building permit has been issued or where a change in use of the building has occurred may be occupied or used. The certificate of occupancy must be signed by the administrative officer and attest that to the best of his knowledge all requirements of this ordinance have been met. The owner/contractor will then receive the certificate of occupancy to be used as confirmation that he has complied with the provisions of this ordinance.

B.

The administrative officer will issue the certificate of occupancy upon notification by the building official that all applicable building codes and other uniform development standards and ordinances have been met. However, if the building official finds that all requirements of such ordinances have not yet been met when the owner/contractor seeks a certificate of occupancy, the administrative officer will not issue the certificate of occupancy. The administrative officer will notify the owner/contractor within ten (10) days, stating reasons for the refusal. The owner/contractor will then need to confer with the administrative officer to determine what he needs to do in order to comply with the ordinance and be eligible for a certificate of occupancy.

C.

Certificate of completion may be issued by the building official to construction projects where the building of the structure is complete, but interior alteration or build-out may be proposed prior to occupancy. A structure or a portion of a structure receiving a certificate of completion shall not be occupied until the certificate of occupancy for the same is issued.

D.

Notice of approval may be issued by the building official to confirm that a particular system (HVAC, plumbing, electrical, etc.) has passed the prescribed inspections and tests necessary for the operation of such system.

E.

A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate shall include such conditions and safeguards as will protect the safety of the occupants and the public. Only industrial projects exceeding twenty thousand (20,000) square feet of building area are eligible for a temporary certificate of occupancy.

(Res. No. A-11-06, § 2, 9-19-11; Res. No. A-15-08, § 1, 10-5-15)

Editor's note— Res. No. A-11-06, § 2, adopted Sept. 19, 2011, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter.

A.

If the administrative officer or building official executes an action which the aggrieved party believes to be contrary to this ordinance, that action may be appealed. Such an appeal must be filed within thirty (30) days of the date on which the action by the administrative officer or building official was taken.

B.

The board of appeals has jurisdiction for hearing appeals concerning actions of the administrative officer or building official related to this ordinance. Applications for appeal may be obtained from and submitted to the administrative officer, who will transmit them to the board of appeals for its consideration.

C.

When an action of the administrative officer or building official is appealed, all construction or other activity authorized by the appealed action must be stopped immediately. In certain cases, however, the building official may feel that the stopping of such construction or other activity authorized by the appealed action will cause imminent peril to life or property. Then, the building official may certify to the board of appeals that, by reason of facts stated in the certificate, the halting of construction or other activity authorized by the appealed action would in his opinion cause imminent peril to life or property. In such cases, the construction or other activity authorized by the appealed action is allowed to continue unless the construction is halted by the board of appeals or a restraining order is granted by a court of competent jurisdiction.

D.

When an application for appeal of an action of the administrative officer or building official is received, the board of appeals will set a time and place for a public hearing on the appeal. Notice of the hearing must be published in a newspaper of general circulation in Spalding County at least fifteen (15) days before the hearing. In addition, the parties to the appeal will be notified of the date of the hearing by the board of appeals by certified mail with return receipt requested and postmarked at least fifteen (15) days before the hearing. Any person may appear at the hearing, or have a representative attend instead.

E.

The board of appeals will make a decision concerning the appeal and record the decision in the minutes for that meeting. Any person aggrieved by a decision by the board of appeals may petition the Spalding County Superior Court for a writ of certiorari.

A.

Definition: A variance is a permit, issued by the board of appeals, which allows use of a parcel of land in a way that varies from the requirements for the district in which the property is located.

B.

Criteria for approval: A variance may be granted only:

1.

In an individual, specific case under such circumstances as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this ordinance will result in practical difficulty (as distinguished from mere inconvenience) or unnecessary hardship so that the spirit of this ordinance shall be observed, public safety and welfare secured and substantial justice done.

2.

A variance may not be granted for the use of a parcel, building or structure that is prohibited by this ordinance.

3.

A variance may be granted only for permitted or accessory uses allowed in the zoning district in which the property in question is located.

4.

A variance may not be granted based on circumstances created by the applicant, such as:

a.

The purchase of a parcel with knowledge of an existing restriction;

b.

A claim of hardship based on prospective sales; or

c.

An expressed economic need, when such need can be met in other ways which would not require a variance.

C.

Required findings to support granting a variance: A variance may be granted if it is determined that:

1.

There are extraordinary and exceptional conditions pertaining to the particular parcel because of its size, shape, location and topography;

2.

Application of this ordinance to the particular parcel would create a practical difficulty or unnecessary hardship on the property owner;

3.

Such conditions are peculiar and unique to the particular parcel;

4.

The variance, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance;

5.

A literal interpretation of this ordinance would deprive the applicant of any rights that others owning property within the same zoning classification are allowed;

6.

The variance, if granted, shall not go beyond the minimum necessary to afford relief and does not constitute a grant of special privilege inconsistent with the limitations upon other properties within the same zoning classification;

7.

The variance may be granted with such conditions imposed as may be necessary to protect the health, safety, welfare and general value of the property in the general neighborhood;

8.

Granting the variance shall not be based on consideration of any existing nonconforming uses on nearby parcels and no permitted use of any parcel in any other zoning classification;

9.

Relief from the hardship by virtue of granting the variance must not cause substantial detriment to the public good or impair the purposes of this ordinance;

10.

When a variance is granted, the spirit of this ordinance must be observed and the public safety and welfare secured.

D.

General variance procedures:

1.

The developer or owner shall make a written application to request approval of a variance pursuant to the zoning administrator (director, Spalding County Community Development Department) and pursuant to such forms and required documentation as may be required.

2.

The developer or owner making application for a variance must have at least fifty-one (51) percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature.

3.

No application is to be accepted from any person regarding any property which is in violation of the zoning ordinance. If an applicant for a variance is, at the time of application, determined by the zoning administrator to be in violation of the zoning ordinance, the zoning administrator shall not accept or process any application until the applicant voluntarily removes or changes the cause of the violation and ceases to be in violation. The applicant must notify the zoning administrator that the violation has ceased and after review by the zoning administrator, been released from the violation.

4.

When the applicant has ceased to be in violation of this ordinance, the zoning administrator will accept the variance application and transmit it to the appropriate board for its consideration.

E.

Variance procedures before the board of commissioners: When an application for a variance is received which is in conjunction with an amendment to the zoning ordinance to rezone property from one (1) zoning classification to another, a special exception application or both, the zoning administrator shall consolidate the variance application with them for hearing. The consolidated applications shall be considered pursuant to the amendment procedure required in section 414.

F.

Variance procedures before the board of appeals:

1.

When an application for a variance is received which is not concurrent with and in conjunction with an amendment to the zoning ordinance to rezone property from one (1) zoning classification to another, a special exception application or both, the zoning administrator shall transmit the variance application to the board of appeals for consideration.

2.

The board of appeals will set a time and place for a public hearing on the variance. Notice of the hearing must be published in a newspaper of general circulation in Spalding County at least thirty (30) days before the hearing. The notice will state the application number, owner's name, property location, its area, time, place and subject of the hearing.

3.

At least thirty (30) days before the public hearing, notice of the time, place, and subject of the hearing will be sent to the applicant, appellant or petitioner in writing by U.S. mail to his last known address. Copies of all such letters will be maintained in the applicant's file.

4.

At least thirty (30) days before the public hearing, notice of the time, place and subject of the hearing will be sent to the owner of the property which is the subject of the application.

5.

The board of appeals will make a decision concerning the variance and record the decision in the minutes for that meeting.

6.

The board of appeals may impose any other conditions which must be complied with by the applicant to compensate for the requirements from which the variance is granted.

7.

The board of appeals may require the applicant to post a performance bond to assure compliance with any requirements and/or conditions imposed to grant a variance.

8.

Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction must begin within six (6) months of the issuance of the variance. Otherwise, the variance expires after six (6) months.

G.

Appeals: Any decision of the board of appeals to approve or deny a variance shall be deemed to be a quasi-judicial decision subject to appellate review by the Superior Court of Spalding County which shall be brought by a petition for review pursuant to O.C.G.A., Title 5, Chapter 3, the Superior and State Court Appellate Practice Act within thirty (30) days of the challenged or appealed action. The county manager is designated to accept service of process for a petition for review.

(Res. No. A-05-06, §§ 1, 2, 6-20-05; Res. No. A-23-03, §§ 1, 2, 6-27-23)

A.

Definition: Some zoning districts permit certain uses only upon approval of the board of commissioners or board of appeals. These uses are identified in this ordinance as special exceptions and in each case carry specific circumstances under which the use should or should not be allowed. For purposes of this zoning ordinance, the term "special exception" shall include the terms: "special use," "special use permit," "conditional use" and "conditional use permit."

B.

Criteria for approval:

1.

A special exception may not be granted for the use of a parcel, building or structure that is prohibited by this ordinance.

2.

A special exception may be granted only for permitted or accessory uses allowed in the zoning district in which the property in question is located.

C.

Required findings: A special exception may be granted only:

1.

It must not be detrimental to the use or development of adjacent properties, or to the general neighborhood;

2.

It must not adversely affect the health or safety of residents or workers;

3.

It must not be that any possible depreciating effects and damages to the neighboring properties are greater than the benefits or need for the special exception;

4.

It must not adversely affect existing names;

5.

It must be proposed to be placed on a lot of sufficient size to satisfy the space requirements of the use; and

6.

It must meet all other requirements of this ordinance.

D.

General special exception procedures:

1.

The developer or owner shall make a written application to request approval of a special exception pursuant to the zoning administrator (director, Spalding County Community Development Department) and pursuant to such forms and required documentation as may be required.

2.

The development or owner making application for a special exception must have at least fifty-one (51) percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature.

3.

No application is to be accepted from any person regarding any property which is in violation of the zoning ordinance. If an applicant for special exception is, at the time of application, determined by the zoning administrator to be in violation of the zoning ordinance, the zoning administrator shall not accept or process any application from that applicant until the applicant voluntarily removes or changes the cause of the violation and ceases to be in violation. The applicant must notify the zoning administrator that the violation has ceased and after review by the zoning administrator, been released from the violation.

4.

When the applicant has ceased to be in violation of this ordinance, the zoning administrator will accept the special exception application and transmit it to the appropriate board for its consideration.

E.

Special exception procedures before the board of commissioners: When an application for a special exception is received, it will be considered pursuant to the amendment procedure required in section 414. When an application for a special exception is received which is concurrent with and in conjunction with an amendment to the zoning ordinance to rezone property from one (1) zoning classification to another, a variance application or both, the zoning administrator shall consolidate the special exception application with them for hearing. The consolidated applications shall also be considered pursuant to the amendment procedure required in section 414.

F.

Appeals: Any decision of the board of commissioners to approve or deny an application for a special exception shall be deemed to be a legislative action subject to de novo review by the Superior Court of Spalding County which shall be brought by a petition for review pursuant to O.C.G.A. Title 9, Chapter 4 governing declaratory judgments or O.C.G.A. Title 23 governing equity jurisdiction. The county manager is designated to accept service of process for a petition for review.

(Res. No. 98-25, §§ 1—19, 9-1-98; Res. No. A-99-18, § 1, 12-21-99; Res. No. A-00-04, §§ 1—3, 4-3-00; Res. No. A-03-17, § 1, 12-15-03; Res. No. A-04-19, § 1, 10-4-09; Res. No. A-05-19, § 1, 9-19-05; Res. No. A-05-22, § 1, 10-3-05; Res. No. A-19-01, §§ 3—8, 3-18-19; Res. No. A-23-03, §§ 3, 4, 6-27-23)

A.

Definition: An amendment means the following, upon approval by the board of commissioners:

1.

An application initiated by a developer, landowner, member of the board of commissioners or member of the planning commission that seeks an amendment to official zoning map which changes the zoning district which is to be applied to a parcel or tract of land, such application may concurrent with and in conjunction with an application for a special exception and/or an application for a variance. The terms amendment to the official zoning map and rezoning application are synonymous;

2.

An application initiated by a developer, landowner, member of the board of commissioners or member of the planning commission which seeks to amend the text of this ordinance.

B.

Application for amendment to the official zoning map:

1.

Criteria for approval: An application for amendment to the official zoning map will be considered pursuant to the following criteria:

a.

The existing uses and zoning of nearby property;

b.

The suitability of the property for the proposed purpose;

c.

The length of time the property has been vacant;

d.

The threat to the public health, safety, and welfare if rezoned;

e.

The extent to which the value of the property is diminished by the present zoning;

f.

The balance between the hardship on the property owner and the benefit to the public if the application for rezoning is denied;

g.

Whether the development of the property if the rezoning application is approved would do any of the following:

i.

Have an adverse effect on the insurance rating of the county, or any substantial portion of the county, issued by the insurance service office or similar rating agency;

ii.

Overtax any streets presently existing to serve the site, or other public facilities and utilities;

iii.

Have a substantial adverse impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity.

2.

Required findings to support approval of an amendment to the official zoning map: In considering whether an application for amendment to the official zoning map should be approved, board of commissioners must find that the benefit to the public to continued application of the present zoning classification applied to the property is outweighed by the detriment thereof to the property owner, assessed in light of the character of the land in question, the effect of the zoning decision upon the property owner's rights and whether approval of the proposed amendment is necessary to promote the public health, safety, or general welfare.

3.

Required procedures for an amendment to the official zoning map:

a.

The developer or owner requesting an amendment of the official map must have at least fifty-one (51) percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing under the owner's signature. This requirement shall not apply to an amendment of the official zoning map proposed by the board of commissioners or planning commission.

b.

No application is to be accepted from any person regarding any property which is in violation of the zoning ordinance. If the applicant or property which is the subject of an application for amendment to the official zoning map at the time of application is determined by the zoning ordinance, the zoning administrator shall not accept or process any application from that applicant until the applicant voluntarily removes or changes the cause of the violation and ceases to be in violation. The applicant must notify the zoning administrator that the violation has ceased and obtain a release from the zoning administrator as to the violation. When the applicant has ceased to be in violation of the zoning ordinance, the zoning administrator will then accept the application for amendment to the official zoning map.

c.

The zoning administrator shall review the application for amendment of the official map to determine whether it is consistent with and complies with the requirements of the future land use map contained within the Spalding County Comprehensive Plan.

d.

In the event the request for amendment of the official zoning map is not consistent with and does not comply with the future land use map contained within the Spalding County Comprehensive Plan, a separate application for amendment to the future land use map shall be required.

e.

The application for amendment to the future land use map shall be considered simultaneously with the request for an amendment to the official zoning map.

f.

The request for amendment to the future land use map must be approved prior to consideration of the application for amendment to the official zoning map.

g.

The zoning administrator will transmit the application for amendment to the official zoning map and (if required) the application for amendment to the future land use map along with any concurrent special exception or variance application to the planning commission for consideration.

4.

Procedures before the planning commission:

a.

All applications for amendment to the official zoning map and any concurrent special exception application and/or variance application must first be reviewed by the planning commission.

b.

The planning commission will conduct an unofficial public hearing at its option on any proposed application for amendment to the official zoning map.

c.

The zoning administrator must post a sign at least two (2) feet by three (3) feet in size in a conspicuous place on the property at least fifteen (15) days but not more than forty-five (45) days prior to the date of the scheduled public hearing. The sign must set forth the fact that it is a "zoning notice". It must show the present zoning classification, the proposed zoning classification, the purpose, date, time, and place of the scheduled public hearing, and it must inform the public that additional information may be obtained from the zoning administrator.

d.

Notice of the hearing must be published in a newspaper of general circulation in Spalding County at least fifteen (15) days but not more than forty-five (45) days before the hearing. The location of the property, zoning classifications and proposed zoning classification must be indicated in the newspaper notice.

e.

Notice of the hearing shall be provided by United State mail to the owners of each and every parcel abutting the property which is the subject of the proposed amendment; such notice shall be deemed delivered upon mailing.

f.

The zoning administrator will review the proposed application for amendment to the official zoning map and make written recommendations to the planning commission.

g.

The planning commission will study the proposed amendment to the official zoning map (along with any concurrent special exception application and/or variance application) to determine whether it meets the requirements of this ordinance, as well as other applicable ordinances of Spalding County.

h.

Written comments on the subject of the hearing may be submitted by any citizen or property owner at any time prior to the adjournment of the hearing.

i.

Neither the amount of public participation nor expression of popular opposition to a proposal shall be a valid consideration in formulating a recommendation on the merits of the proposal.

j.

The public hearing before the planning commission will be continued one (1) time at the request of the applicant. Any request for an additional continuance rests in the sound discretion of the chairman of the planning commission.

k.

The minutes of the planning commission will constitute the written record of its findings along with its recommendations on the proposed amendment to the official zoning map (along with any concurrent special exception application or variance application).

l.

The planning commission will forward a copy of its findings and recommendations to the board of commissioners within thirty (30) days of the date of the hearing if conducted on the proposed application for amendment to the official zoning map. If the planning commission fails to send its findings and recommendations to the board of commissioners within thirty (30) days, the planning commission will be deemed to recommend approval of the proposed application for amendment to the official zoning map.

5.

Procedures before the board of commissioners:

a.

All applications for amendment to the official zoning map and any concurrent special exception application and/or variance application must be reviewed by the board of commissioners.

b.

The board of commissioners must conduct a public hearing on the application for amendment to the official zoning map and any concurrent special exception application or variance application.

c.

Notice of the hearing must be published in a newspaper of general circulation in Spalding County at least fifteen (15) days but not more than forty-five (45) days before the hearing. The location of the property, present zoning classification, and proposed zoning classification must be indicated in the newspaper notice.

d.

Notice of the hearing shall be provided by United States mail to the owners of each and every parcel abutting the property which is the subject of the proposed amendment, such notice shall be deemed delivered upon mailing.

e.

The public hearing before the board of commissioners may be continued twice by action of the board of commissioners.

f.

The applicant or property owner shall be entitled to continue the consideration of the application for amendment to the official zoning map to the next board of commissioners hearing date once, as a matter of right.

g.

The applicant or property owner shall also be entitled to continue the consideration of the application for amendment to the official zoning map to the next board of commissioners hearing date in the event the hearing date on which the application is heard is attended by less than all members of the board of commissioners, provided such application has not been previously continued.

h.

Should the applicant or property owner desire an additional continuance of the public hearing before the board of commissioners, the applicant or property owner shall be required to submit a written request at least forty-eight (48) hours prior to the scheduled date of hearing to continue to the zoning administrator giving specific reasons as to why the public hearing should be continued. In such event, the continuation of the application from the public hearing is at the sole discretion of the board of commissioners.

i.

The following policies and procedures will be observed in conducting the required public hearing before the board of commissioners:

i.

The hearing will be held in the Spalding County Courthouse annex, or at such other meeting place as designated by the board of commissioners.

ii.

Written comments on the application for amendment to the official zoning map which is the subject of the hearing may be submitted by any citizen or property owner at any time prior to the adjournment of the hearing.

iii.

Persons desiring to be heard orally may present their views at the hearing. The length of time or oral presentations permitted to each speaker will be determined by the chairman of the board of commissioners and will depend upon the number of persons present and desiring to speak, and shall be pursuant to the rules of the Spalding County Board of Commissioners generally in place for public comment.

iv.

Neither the amount of public participation nor expression of popular opposition to a proposal shall be a valid consideration in formulating a recommendation on the merits of the proposal.

v.

Any person desiring a transcript of the hearing must arrange for a court reporter at their own expense.

vi.

Cross-examination of persons making oral presentations will not be permitted.

vii.

All questions will be addressed to the chairman of the board of commissioners.

viii.

After reviewing the record of the public hearing, considering the recommendations of the administrative official, the planning commission and applying the criteria set forth in section 414(B), the board of commissioners may approve or deny the requested amendment to the official zoning map and any concurrent special exception application, reduce the land area for which the amendment is requested, change the district or land use category requested, or impose conditions which may restrict the use or development of the property in a manner not otherwise required by this zoning ordinance.

j.

Any conditions imposed by the board of commissioners shall be incorporated into this zoning ordinance and shall become a part of the official zoning map, whether or not actually entered upon the official zoning map.

k.

If the board of commissioners denies a proposed amendment, a minimum period of twelve (12) months must pass before the same amendment proposal is again submitted for consideration.

6.

Appeals: Any decision of the board of commissioners to approve or deny an application for an amendment to the official zoning map and any concurrent special exception application and/or variance application shall be deemed to be a legislative action subject to de novo review by the Superior Court of Spalding County which shall be brought by a petition for review pursuant to O.C.G.A. Title 9, Chapter 4 governing declaratory judgments or O.C.G.A. Title 23 governing equity jurisdiction.

C.

Application for a text amendment to the zoning ordinance:

1.

Criteria for approval/required findings to support approval of a text amendment to the zoning ordinance. In considering whether an application for a text amendment to the zoning ordinance should be approved, board of commissioners must find that the proposed amendment is necessary to promote the public health, safety, or general welfare.

2.

Required procedures for a text amendment to the zoning ordinance:

a.

The developer, landowner, member of the board of commissioners or member of the planning commission may request a text amendment to the zoning ordinance in writing. The administrative office will prepare the application when the request is from a member of the board of commissioners or member of the planning commission.

b.

The zoning administrator will transmit the application for a text amendment to the zoning ordinance map to the planning commission for consideration.

c.

Notice of the hearing must be published in a newspaper of general circulation in Spalding County at least fifteen (15) days but not more than forty-five (45) days before the hearing. The description of the proposed text amendment to the official zoning ordinance must be indicated in the newspaper notice.

d.

The zoning administrator will review the proposed text amendment to the official zoning ordinance and make written recommendations to the planning commission.

e.

The planning commission will study the proposed text amendment to the official zoning ordinance to determine whether it is necessary to promote the public health, safety, or general welfare.

f.

Written comments on the subject of the proposed text amendment to the official zoning ordinance may be submitted by any citizen or property owner at any time prior to the adjournment of the hearing.

g.

The public hearing before the planning commissioner on the proposed text amendment to the official zoning ordinance may be continued in the sound discretion of the chairman of the planning commission.

h.

The minutes of the planning commission will constitute the written record of its findings along with the recommendations on the proposed text amendment to the official zoning ordinance.

i.

The planning commission will forward a copy of its findings and recommendations to the board of commissioners within thirty (30) days of the date of the hearing it conducted on the proposed text amendment to the official zoning ordinance.

4.

Procedure before the board of commissioners.

a.

The board of commissioners will conduct the official public hearing at its option on any proposed text amendment to the official zoning ordinance.

b.

Notice of the hearing must be published in a newspaper of general circulation in Spalding County at least fifteen (15) days but not more than forty-five (45) days before the hearing. The description of the proposed text amendment to the official zoning ordinance must be indicated in the newspaper notice.

c.

The public hearing before the board of commissioners on the proposed text amendment to the official zoning ordinance may be continued in the sound discretion of the chairman of the board of commissioners.

d.

The following policies and procedures will be observed in conducting the required public hearing before the board of commissioners:

i.

The hearing will be held in the Spalding County Courthouse annex, or at such other meeting place as designated by the board of commissioners.

ii.

Written comments on the application for the text amendment to the official zoning map which is the subject of the hearing may be submitted by any citizen or property owner at any time prior to the adjournment of the hearing.

iii.

Persons desiring to be heard orally may present their views at the hearing. The length of time of oral presentations permitted to each speaker will be determined by the chairman of the board of commissioners and will depend upon the number of persons present and desiring to speak. Personal remarks will not be tolerated.

iv.

Any person desiring a transcript of the hearing must arrange for a court reporter at their own expense.

v.

Cross-examination of person making oral presentations will not be permitted.

vi.

All questions will be addressed to the chairman of the board of commissioners.

vii.

After reviewing the record of the public hearing, considering the recommendations of the administrative official, the planning commission and determining whether the proposed text amendment to the official zoning ordinance is necessary to promote the public health, safety, or general welfare the board of commissioners may approve or deny the requested text amendment to the official zoning ordinance.

5.

Appeals. Any decision of the board of commissioners to approve or deny any application or a text amendment to the official zoning ordinance shall be deemed to be a legislative action subject to de novo review by the Superior Court of Spalding County which shall be brought by a petition for review pursuant to O.C.G.A. Title 9, Chapter 4 governing declaratory judgements or O.C.G.A. Title 23 governing equity jurisdiction. The county manager is designated to accept service of process for a petition for review.

D.

Application for a change in condition. An application initiated by a developer, landowner, member of the board of commissioners or member of the planning commission that seeks to change a condition of approval imposed on approval of an application to amend the official zoning map, application for special exception or application for a variance will proceed according to the same procedures by which the original application was approved.

(Res. of 10-7-97, §§ 1—4; Res. No. 99-03, §§ 1—3, 3-16-99; Res. No. A-05-01, §§ 1, 2, 1-27-05; Res. No. A-05-25, § 2, 12-5-05; Res. No. A-05-02, § 1, 1-27-05; Res. No. A-23-03, §§ 5, 6, 6-27-23)

Any application for an amendment to this ordinance, any application for an amendment to the zoning map of Spalding County and any application for special exception allowed within the various zoning districts within the Spalding County Zoning Ordinance may be approved subject to conditions which relate to the use, occupancy, or development regulations for the property contained in the application. Conditions imposed on the property may only be more restrictive than the requirements of any zoning district and other applicable parts of this ordinance as may apply to the property. The following policies shall apply:

A.

Controls proposed by application. An applicant may propose controls to be considered by the planning commission, the board of appeals and the board of commissioners. Such proposed controls may include plans, limitations of use and occupancy, or more restrictive development standards than would otherwise be applied to the property. Such proposed controls may be eliminated or changed into conditions of approval as submitted, or they may be eliminated, modified or extended. The board may choose to incorporate, as conditions of approval, selected restrictions or requirements which were not included in the request for controls submitted in the original application.

B.

Consent not required. Approval of applications subject to conditions shall be executed with or without the consent of the applicant.

C.

Conditions shall be permanent. All conditions imposed by action of the board of commissioners shall remain on the property regardless of changes of ownership.

D.

Changes of conditions. Conditions shall be changed only through the amendment process by which they were established or when expressly overridden by a state government authority taking precedence over the area of regulation.

(Res. No. 95-08, § 1, 7-10-95; Res. No. 98-25, §§ 20, 21, 9-1-98)

Any Applicant seeking rezoning of property to the following zoning districts of Spalding County, Georgia, C-1, C-1A, C-1B, C-1C, C-2, C-3, PDD, PRRRD, and O&I or seeking rezoning for any property subject to the requirements of the Spalding County Subdivision Ordinance, Zoning Ordinance of Spalding County, Appendix A for residential development within the following zoning districts of Spalding County, Georgia, AR-1, AR-2, R-1, R-2, R-2A, R-3, R-4, R-5, and R-6 shall submit a conceptual site plan depicting the proposed use of the property including:

A.

Vicinity map;

B.

Correct scale;

C.

The proposed land use and building outline as it would appear should the rezoning be approved;

D.

The present zoning classification of all adjacent property;

E.

The building outline and maximum proposed height of all buildings;

F.

The proposed locations of all driveways and entry/exit points for vehicular traffic, using arrows to depict direction of movement;

G.

The location of all required off street parking and loading areas;

H.

Required yard setbacks appropriately dimensioned;

I.

The location and extent of required buffer areas, depicting extent of natural vegetation and type and location of additional vegetation, if required;

J.

Topography at twenty-foot contour intervals (USGS Quad sheets may be used);

K.

Location and elevation of the 100-year flood plain on the property which is the subject of the proposed zoning;

L.

Delineation and dimensions of the boundary of the proposed district;

M.

Date, north arrow and datum;

N.

Location and acreage of all major utility easements greater than twenty (20) feet in width;

O.

Approximate location (outline), height, and use of all other proposed drives, parking areas, buildings, structures and other improvements;

P.

For all property for which ingress and egress must be obtained by access from a road within the state highway system, a permit from the Georgia Department of Transportation for access to the state highway system.

(Res. of 4-15-97, § 2; Res. of 4-7-98, §§ 1, 2; Res. No. 98-24, § 1, 9-1-98; Res. No. 98-28, § 1, 11-17-98; Res. No. A-03-28, § 2, 10-6-03)

Multiple parcel rezoning of contiguous tracts will be allowed so long as all tracts are to be rezoned to the same zoning classification. All applicants owning property which is subject to the application are deemed to consent to rezoning of their property and to rezoning of any and all other tracts included within the application. The following fees shall apply to multiple parcel rezoning applications:

A.

Parcel 1: Set by board of commissioners

B.

Parcel 2—5: Set by board of commissioners

C.

Parcels 6+: Set by board of commissioners

(Res. of 4-15-97, § 1; Res. No. A-99-8, §§ 1, 2, 9-7-99; Res. No. A-00-11, §§ 1, 2, 7-17-00; Res. No. A-07-03, §§ 3, 4, 5-7-07)

If the board of commissioners takes an action which the developer or other aggrieved party believes to be contrary to law, that action may be appealed to the Spalding County superior court. Such an appeal must be filed within thirty (30) days of the date on which the action of the board of commissioners was taken.

(Res. of 4-15-97, § 1)

The following fees shall be assessed.

G.

Building permit:

1.

General contractor or owner using day labor: A minimum fee of $25.00, plus the fees specified below in either section 419(G)(1)(a) or section 419(G)(1)(b).

a.

Dwelling units: $0.22 per square foot for all area under roof.

b.

All other construction types (based on construction cost):

1'.

$1,000 or less: No fee, unless inspection is required, in which case a $50.00 fee for each inspection shall be charged.

2'.

$1,000.01 to $50,000: $50.00 for the first $1,000 plus $8.00 for each additional thousand or fraction thereof.

3'.

$50,000.01 to $100,000.00: $442.00 for the first $50,000.00 plus $6.50 for each additional thousand or fraction thereof;

4'.

$100,000.01 to $500,000.00: $767.00 for the first $100,000.00 plus $5.50 for each additional thousand or fraction thereof;

5'.

$500,000.01 and above: $2,967.00 for the first $500,000.00 plus $4.00 for each additional thousand or fraction thereof.

c.

The fees provided for in section 419(G)(1) shall cover three inspections, one (1) footing, one (1) framing, and one (1) final inspections. One (1) additional plumbing inspection will be provided for buildings built on slabs. Additional inspection fees not included herein shall be $50.00 and any special inspection fee shall be $50.00.

2.

Electrical contractor: A minimum fee of $25.00 plus the fees specified below in either section 419(G)(2)(a), section 419(G)(2)(b), section 419(G)(2)(c), or section 419(G)(2)(d).

a.

Residential—New or existing and including conventional, industrialized or manufactured: $0.40 per amp.

b.

Duplex—New or existing: $0.40 per amp.

c.

Apartment—New or existing: $0.60 per amp.

d.

Commercial—New or existing service: $0.60 per amp.

e.

Service change:

i.

Residential: $50.00

ii.

Commercial: $75.00

3.

Plumbing contractor: A minimum fee of $25.00 for each permit issued, plus:

a.

$5.00 for each of the following plumbing fixtures: water closets, lavatories, sinks, bath tubs, showers, water heaters, dishwashers, washing machines, laundry tubs, sump pumps and any other fixture not otherwise specifically listed herein;

b.

$5.00 for each of the following drains: floor drains or traps (including water and drainage piping) and root drains;

c.

$10.00 for each residential sewer (including replacement or repair);

d.

$20.00 for the first 150 feet and $0.20 per foot thereafter for each commercial sewer (including replacement or repair);

e.

$5.00 for each sewer erector;

f.

$10.00 for installation, alteration, or repair of water piping and/or water treatment equipment;

g.

$10.00 for repair or alteration of drainage or vent piping;

h.

$5.00 each for the first five vacuum breakers or backflow protective devices installed subsequent to the installation of the piping or equipment served; $3.00 for each additional vacuum breaker or backflow device installed subsequent to the installation of the piping or equipment served;

i.

$4.00 for the installation of a gas line.

4.

Heating, ventilation and air conditioning contractor: A minimum fee of $25.00 for each permit issued, plus:

a.

Residential:

$6.00 per ton heat or air

$8.00 per ton heat and air

b.

Commercial:

$9.00 per ton heat or air (up to 20 tons)

$11.00 per ton heat and air (up to 20 tons)

$5.00 per ton heat or air over 20 tons

$7.00 per ton heat and air over 20 tons

H.

Demolition (Principal Structures) .....$50.00

I.

Zoning Certification .....$25.00

(Res. of 5-15-97, § 1; Res. of 6-17-97, §§ 1, 2; Res. of 11-18-97, § 1; Res. No. A-99-8, §§ 3, 4, 9-7-99; Res. No. A-99-14, §§ 1, 2, 11-16-99; Res. No. A-00-11, §§ 3, 4, 7-17-00; Res. No. A-01-08, § 1, 5-7-01; Res. No. A-07-03, §§ 1, 2, 5-7-07; Res. No. A-14-05, §§ 1, 2, 10-6-14)

Prior to the issuance of any permit pursuant to section 419.G.1., the Georgia Department of Transportation must issue a permit for access to the state highway system for any development for which means of ingress and egress shall be obtained from any road within the state highway system. In addition, the review and approval of the development plan by the Georgia Department of Transportation must be obtained prior to issuance of any permit pursuant to section 419.G.1. for any property, which abuts any road within the state highway system.

(Res. of 4-15-97, § 1; Res. No. 98-24, §§ 2, 3, 9-1-98)

Any person who violates any provision of this ordinance or any amendment to this ordinance, or who fails to perform any act required hereunder or commits any prohibited act shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) for each offense. Each and every day for which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Res. of 4-15-97, § 1; Res. No. 98-24, §§ 2, 3, 9-1-98)

If any building or land is used or maintained in violation of this ordinance, anyone, including the county, who would be harmed by such a violation may initiate legal proceedings to obtain an injunction or other appropriate remedy to stop the violation or to prevent any act which would constitute such a violation. Other legal remedies are also available as provided by Georgia law.

(Res. of 4-15-97, § 1; Res. No. 98-24, §§ 2, 3, 9-1-98)

The zoning administrator may authorize the use of a mobile home, trailer or recreational vehicle for use as a temporary dwelling when located on the same lot as a permanent dwelling which has been rendered uninhabitable due to damage caused by fire, storm, tornadic activity, hurricane or other natural disaster, in order to permit the persons who were residing in the damaged dwelling to continue to reside on the lot while the damaged dwelling is repaired or reconstructed. In determining whether to grant such authorization, the zoning administrator shall consider the safety of the proposed temporary occupancy, the availability and adequacy of the wastewater disposal system during the temporary occupancy, and any other potential circumstance that may impact the public health, safety and welfare of the residents and adjoining property owners. The zoning administrator shall, as a part of such authorization, specify the terms and conditions of the temporary occupancy and the maximum length of time that the temporary occupancy may continue (which may be extended for good cause shown). Decisions of the zoning administrator under this ordinance shall be final and not subject to appeal.

(Res. No. A-09-05, § 1, 7-20-09)

(a)

Mobile food vendor.

(1)

Permittees selling ice cream from a motor vehicle and mobile food vendors shall be subject to this section.

(2)

Standards specific to selling ice cream from a motor vehicle.

a.

Permittees selling ice cream from a motor vehicle shall, before making any sale, park the vehicle at the right curb and at least eight (8) feet from any other vehicle that may be parked on the street and not less than one hundred (100) feet from any intersecting street. When the vehicle stops, all sound equipment or other devices used to notify customers of the presence of the permittee shall be stopped and shall not resume until the vehicles is again put in motion.

b.

No permittees selling ice cream from a motor vehicle using sound equipment or other methods of attracting customers shall operate such equipment before 9:00 a.m. or after 9:00 p.m. daily.

c.

No permittees selling ice cream from a motor vehicle shall stop or stand and do business for more than thirty (30) minutes at the same location.

(3)

Standards specific to mobile food vendors.

a.

No mobile food vendor shall conduct business on public streets or in the public right-of-way except as part of a county-sponsored or approved special event permit.

b.

Mobile food vendor operations shall be limited to the parking areas of privately owned, non-residential property, except that mobile food vendors may be allowed on privately owned residential property in conjunction with a small private gathering or non-profit event which will make no use of public property, including streets, other than lawful parking.

c.

Any and all drivers of a mobile food vending vehicle must possess a valid Georgia driver's license.

d.

All mobile food vendors shall maintain proof of a one-million-dollar ($1,000,000.00) liability insurance policy, issued by an insurance company licensed to do business in the State of Georgia, protecting the mobile food vendor, the public, and Spalding County from all claims of damage to property and bodily injury, including death, which may arise from operation under or in connection with the permit. Such insurance shall name Spalding County as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advanced written notice to the county.

e.

Prior to issuance of the required permit under this article, any person or entity operating as a mobile food vendor shall execute an indemnity agreement indemnifying and releasing Spalding County, its agents, employees, and elected officials from any and all liability against any and all claims, actions, and suits of any type whatsoever.

f.

Prior to the issuance of the required permit under this article, mobile food vendors shall submit the written, notarized consent of the private property owner upon whose lot it is requesting to operate, a valid food service permit obtained from the Spalding County Environmental Health Department, proof of liability insurance, the indemnity agreement releasing Spalding County, and a valid Georgia driver's license to the department of planning and development. The mobile food vendor permit, written consent of the property owner, food service permit, and Georgia driver's license must be readily available for inspection within the vehicle at all times during hours of operation.

g.

No mobile food vendor shall be located within one hundred fifty (150) linear feet of the property line of a lot containing a single-family home or townhouse without a special event permit, or within one hundred fifty (150) linear feet of an entrance to a restaurant. Additionally, no mobile food vendor shall be located within fifteen (15) linear feet of any street intersection, pedestrian crosswalk, driveway, fire hydrant, alleys, handicapped parking spaces, or building entrances. Mobile food vendors shall not be located within one hundred (100) feet of gas pumps, underground gas storage tanks, and vent pipes.

h.

Mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m. daily and shall not be left unattended, parked, or stored on a vending site during the restricted hours of operation or while not actively vending. All mobile food vending vehicles must return to their base of operations when not in use.

i.

Except as may be allowed during a county-sponsored event or approved special event, no more than two (2) mobile food vendors may operate on a single property at any one time.

j.

No external speakers, sound equipment or other devices shall be used to play music or omit noises for the purpose of advertising the mobile food vendor's location while vending.

k.

No flashing, blinking, or strobe lights shall be used on or within a mobile food vendor vehicle.

l.

No mobile food vendor shall be permitted to have or operate as a vehicular drive-through facility or drive-up window.

m.

All mobile food vending vehicles shall be equipped with a reverse gear signal alarm that is distinguishable from the surrounding noise level and rear-vision mirrors, firmly attached, on each side of the vehicle.

n.

Free-standing signs or signage that projects from the body of the mobile food vending vehicle shall be prohibited. No sign used on a mobile food vendor vehicle shall be illuminated, flash, or produce motion.

o.

Mobile food vendors shall conduct business only when positioned on hard-surfaced, designated parking areas and shall not block driveway entrances, parking lot aisles, access to loading areas, or emergency access or fire lanes.

p.

At no time shall the operation of a mobile food vendor reduce the number of parking spaces available on a property below the minimum required.

q.

Each mobile food vendor shall provide at least one (1) trash receptacle for its patrons that is regularly emptied and shall remove all such waste materials before departing from the site. Such waste materials shall be disposed of at the mobile food vendor's base of operations. The mobile food vendor shall be responsible for maintaining the area around their vehicle clear of trash and debris at all times.

r.

The dumping of gray water, grease, or other waste liquids on public or private property or into storm drains shall be prohibited.

(Ord. No. 2022-007, § III, 10-3-22)