280-10.01 Zoning Text and Official Zoning Map Amendment Procedure.Title 2 of this UDO, and the Official Zoning Map, may be amended by the Board of Commissioners on its own motion, or on recommendation of the Planning Commission, but no amendment shall become effective unless it has been proposed by or has first been submitted to the Planning Commission for review and recommendation. Before enacting an amendment, public notice shall be given and a public hearing held as required herein.

280-10.02 Initiation of Amendments. Applications to amend this ordinance may be in the form of proposals to amend the text or the official zoning map.

A.

An application to amend the text of Title 2 of this UDO may be initiated by the Planning Commission or be submitted to the Planning Commission by the Board of Commissioners or by any person having an interest in the County.

B.

An application to amend the Official Zoning Map may be initiated by the Planning Commission, or may be submitted to the Planning Commission by the Board of Commissioners, or may be submitted by any person having an interest in the county.

C.

Unless initiated by the Board of Commissioners or the Planning Commission, all applications (rezoning, land use, special use, or medical hardships) must be submitted by the owner of the affected property or the authorized agent of the owner. If submitted by an agent of the owner, such authorization shall be notarized and attached to the application.

280-10.03 Zoning Review Standards. Any proposed rezoning will be evaluated using the following zoning review standards. These standards shall be printed and copies thereof made available for distribution to the general public at the public hearing.

A.

Existing land use and zoning classification of nearby property.

B.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

C.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby properties.

D.

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

E.

Whether the proposed use is supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties; and

F.

Whether the zoning proposal is in conformity with the policies and intent of the comprehensive plan.

(Ord. 23-07, 6/13/23; Ord. No. 24-13, § 2, 12-10-2024)

280-20.01 General Procedures. Applications for text amendment, rezoning, land use permit, special use permit, and/or medical hardship shall be filed with all accompanying documents with the Planning and Zoning Division in accordance with the filing deadline established by the Division. Applications that are submitted by the filing deadline but are incomplete will be deemed null and void after 90 days without completion.

280-20.02 Fees. Application fees are established by the Board of Commissioners and made available by the Community Development Planning and Zoning Division. Except as otherwise provided, application fees are non-refundable. A fee shall not be charged for applications initiated by the Board of Commissioners or Planning Commission.

280-20.03 Application Requirements. Applications shall be submitted and typewritten on forms supplied by the Community Development Planning and Zoning Division no later than the date of filing:

A.

Text amendment applications shall include the following:

1.

Name and current address of the applicant;

2.

Current provisions of the text to be affected by the amendment;

3.

Proposed wording of text change; and

4.

Reason for the amendment request.

B.

Applications for rezoning, special use permit, and land use permit shall contain the following:

1.

A completed application form signed by the owner and the applicant (if applicable).

2.

If the titleholder(s) is a domestic or foreign, applicant must provide written authentication with the presence of the corporate seal, or a facsimile thereof, attested by the secretary or assistant secretary of the corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, shall attest:

(a)

That the corporate seal or facsimile thereof affixed to the document is in fact the seal of the corporation of true facsimile thereof, as the case may be;

(b)

That the officer of the corporation executing the document does in fact occupy the official position indicated, that one in such position is duly authorized to execute such document on behalf of the corporation, and that the signature of such officer subscribed thereto is genuine; and

(c)

That the execution of the document on behalf of the corporation has been duly authorized.

3.

A copy of the recorded warranty deed that reflects the current owner(s) of the property.

4.

A current legal description, including acreage, of the subject property. If the application consists of several tracts, a legal description of each tract is required. A separate legal description of each zoning district requested is also required, as well as an overall description of all tracts and/or districts combined. No legal description should include more property than what is being requested for zoning.

5.

One copy, including an electronic copy, of a boundary survey prepared by a Registered Surveyor, drawn to scale, showing north arrow, land lot and district/section, dimensions, acreage and location of the tract. The preparer's seal shall be affixed to the plat signed and dated. Boundary survey acreage shall match application and legal description acreage exactly.

6.

Documentation from the Tax Commissioner that the taxes levied against the property have been paid and are current.

7.

Three paper copies, including an electronic copy of a site development plan prepared by a Registered Surveyor, Professional Engineer, land planner, or architect (with preparer's seal affixed) drawn to scale of the subject property, including proposed building locations, proposed use of the property within the requested zoning district, parking areas, access points, creeks, streams, floodplain, etc., and any buffers that may be required. The applicant may also furnish additional material which may aid in the understanding of the request.

8.

If the request is for a lot within a subdivision, include a copy of the signed and recorded final plat.

9.

If the request is for MPR, R-55, or any residential zoning request within the Sweetwater Overlay District, color elevations of front, sides and rear of all typical units, including proposed exterior building materials, building heights and any other structures.

10.

If the request is located within the Community Residential Character Area of the 2017 Comprehensive Plan, as may be amended, a copy of a signed and dated Statement of Gravity Sewer Infrastructure Accessibility.

11.

The names, mailing addresses and tax parcel ID number of all adjoining property owners, including the owners across the road, railroad, and to the rear, or any persons located along a joint access easement.

12.

Notarized Campaign Contribution forms and Property/Financial Disclosure Report for each applicant and each authorized agent.

13.

Letter of Intent which shall include the following applicable information:

(a)

Residential Rezoning:

i.

Proposed number of units

ii.

Proposed unit square-footage(s)

iii.

Proposed building architecture

(b)

Non-residential Rezoning/Special Use Permit/Land Use Permit:

i.

Proposed use(s)

ii.

Proposed building architecture

iii.

Proposed hours/days of operation

(c)

Requested Variances.

(d)

A schedule for the proposed project identifying the dates for commencement and substantial completion.

(e)

How the project meets the special use standards in Section 230-40.03.B, the land use permit standards in Section 230-50.03.D or zoning review standards in Section 280-10.03.

(f)

Other pertinent information.

14.

A traffic impact analysis shall be necessary for the following described applications and shall be conducted in accordance with the requirements found in 280-130:

(a)

Residential: Traffic impact analysis required if more than 50 residential units. Traffic impact analysis may be waived per concurrence of Community Development and Paulding County Department of Transportation.

(b)

Commercial: Traffic impact analysis required if more than 50 peak hour trips, if less than 50 peak hour trips, a traffic memo is required.

(c)

Industrial: Traffic impact analysis required for all applications.

15.

The filing fee as set by the Paulding County Board of Commissioners.

16.

Such other additional information as may be requested by the Planning and Zoning Division, Planning Commission, or Board of Commissioners.

C.

Applications for medical hardships shall contain the following:

1.

A completed application form signed by the owner, the applicant, and the person with the medical hardship.

2.

A copy of the recorded warranty deed that reflects the current owner(s) of the property.

3.

Documentation from the Tax Commissioner that the taxes levied against the property have been paid and are current.

4.

A current legal description, including acreage, of the subject property.

5.

One copy, including an electronic copy, of a boundary survey prepared by a Registered Surveyor, drawn to scale, showing north arrow, land lot and district/section, dimensions, acreage and location of the tract. The preparer's seal shall be affixed to the plat signed and dated. Boundary survey acreage shall match application and legal description acreage exactly.

6.

The names, mailing addresses and tax parcel ID number of all adjoining property owners, including the owners across the road, railroad, and to the rear, or any persons located along a joint access easement.

7.

The filing fee as set by the Paulding County Board of Commissioners.

8.

An original, notarized doctor's certificate stating the name of the person with the medical hardship, a description of the physical condition, and explanation of why the person needs to live in close proximity to receive care, and any other evidence to support the medical hardship application.

9.

Such other additional information as may be requested by the Planning and Zoning Division, Planning Commission or Board of Commissioners.

280-20.04 Withdrawal. An application may be withdrawn without prejudice at any time prior to the date scheduled for the hearing by the Planning Commission. Unless withdrawn at the hearing, the withdrawal must be in writing, signed and dated by the applicant. If an application is withdrawn by the applicant after the commencement of legal advertising as required by this Chapter, the cost of the advertising and any other expenses incurred may be deducted from any refund of fees.

280-20.05 Proposed Stipulations. With respect to amendments to the Official Zoning Map, an applicant may file renderings, construction specifications, written development restrictions and other stipulations, which the applicant proposes as binding stipulations upon the development and use of the property involved in the application. However, any such stipulations, alterations or changes thereto shall be filed with the Planning and Zoning Division Manager at least 21 days prior to the public hearing before the Planning Commission.

280-20.06 Forwarding of Applications. An application for rezoning, special use permit, land use permit or medical hardship may be forwarded by the applicant from its scheduled public hearing date to the next available public hearing date with the Planning Commission a maximum of two times. The request to forward an application must be written with the applicant's (or authorized agent) signature and submitted to the Community Development Planning and Zoning Division prior to the hearing date. Each request must include the application number, explanation for the request to forward the application, and date of the next scheduled public hearing at which the application will be considered by the Planning Commission. Payment of an additional application fee in the full amount of the original application fee is required upon written request to forward the application in order to pay for the additional costs associated therewith.

Applications which must be forwarded as a result of the actions or omissions of the applicant, resulting in an incomplete or deficient application will also be subject to the payment of the additional application fee in the full amount of the original application. Payment is due immediately upon the forwarding of said deficient application.

Applications that are forwarded by the Community Development Planning and Zoning Division or Planning Commission or by the County at the request of county staff will not be considered as an applicant's request to forward an application and no additional fees will be due.

(Ord. 23-07, 6/13/23; Ord. No. 24-13, § 3, 12-10-2024)

280-30.01 Legal Notice. Before the Board of Commissioners takes action on any proposed amendment, the Planning Commission shall hold a Public Hearing thereon. At least 30 days, but not more than 45 days, prior to the date of the hearing, a notice of the hearing shall be published within a newspaper of general circulation within the county in which are carried the legal advertisements of the County. This notice shall state the time, date, place, and purpose of the hearing. If a rezoning application is initiated by a party other than the Board of Commissioners, the notice of hearing as provided herein shall also include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

280-30.02 Rezoning Signs Posted. Where the rezoning is initiated by a party other than the local government, a sign shall be placed in a conspicuous location on the property not less than 30 days prior to the date of the hearing. The sign shall state the time, date, and place of the hearing, the present zoning classification of the property, and the proposed zoning classification of the property. Such signs shall be visible from each public right-of-way fronting the property. The Zoning Administrator, or his or her designee, shall supply a sign that contains the following language:

"PURSUANT TO THE TITLE 2 OF THE PAULDING COUNTY UNIFIED DEVELOPMENT ORDINANCE SECTION 280-80, THE PAULDING COUNTY BOARD OF COMMISSIONERS IS AUTHORIZED TO CONSIDER AND MAY CONSIDER ALL CONSTITUTIONALLY PERMISSIBLE ZONING CLASSIFICATIONS, INCLUDING, BUT NOT LIMITED TO, INTERVENING CLASSIFICATIONS, SITE SPECIFIC CONDITIONS AND/OR THE CLASSIFICATION(S) SOUGHT BY THE APPLICANT."

280-30.03 Notification Letters. Where the rezoning is initiated by a party other than the local government, the Planning and Zoning Division must notify in writing the owner of property which is the subject of the application and all owners of property abutting any tract or lot for which a rezoning has been filed in accordance with the list of owners provided by the applicant. The notification letter shall set forth the nature of the request and the date of the hearing before the Planning Commission. It shall be sent by first class mail with the United States Postal Service. Proof of delivery is not required. This notification is in addition to and not in lieu of, any other notice or publication required under this ordinance.

(Ord. 23-07, 6/13/23)

280-40.01 Schedule. Public Hearings of the Paulding County Planning Commission shall be held at regularly scheduled meetings, such meetings to be held at a time, place, and date as prescribed according to a schedule. The Public Hearing shall be presided over by the Chairman of the Planning Commission or another officer of the Planning Commission in the absence of the Chairman. A secretary shall be present at all public hearings to take minutes.

280-40.02 Conduct of Public Hearing. The Chairman or any other Planning Commission member shall review the following procedures that will be adhered to during the public hearing:

A.

The applicant, or their authorized agent, must be present at the hearing or the application shall not be heard. If the applicant or their authorized agent fails to appear at the hearing before the Planning Commission they may either continue the application to its next meeting or may dismiss the application without prejudice. In the event of such a dismissal, no fees shall be refunded.

B.

Any authorized agent appearing at the hearing in the absence of the applicant must have the full authority of the applicant to either consent or object to proposed zoning stipulations.

C.

Anyone in attendance at the public hearing wishing to speak on behalf or in opposition to petitions that are on the agenda must be recognized and they will be asked to state their name and place of residence, and then to sign his or her name on a sheet provided by the staff.

D.

The person recognized to speak will be allowed to speak on any point relevant to the petition being considered. Applicants and opponents shall be given a maximum of 15 minutes for each side to present its case. Any groups which are present are encouraged to choose a spokesperson to present their views. The Chairman may request representatives of each side to speak for the entire group. If more than one speaker represents a group, the 15 minutes shall be divided among the various speakers. Speakers are encouraged to refrain from presenting information that has previously been stated by others. In no case, however, shall any group be allowed more than the allotted time no matter how many speakers represent the group unless extended by the Planning Commission. A designated staff member will be responsible for keeping time.

E.

Proposals for each agenda item should be presented orally to the Planning Commission and Board of Commissioners by applicant(s), and/or their authorized agent, along with any documentation necessary to demonstrate the justification for such request.

F.

During and following the applicant's presentation, the Planning Commission and/or the Board of Commissioners may ask any pertinent questions of the applicant or their representative to aid in their understanding of the case. Questions and responses shall not be counted as part of the maximum 15-minute presentation time.

G.

After such presentation, and discussion with the applicant, the Chairman of the Planning Commission shall ask if there be anyone present in opposition to the granting of such request.

H.

Those appearing in opposition may offer oral evidence and any documentation to demonstrate their position.

I.

During and following the presentation of those in opposition to the application or proposal, the Planning Commission and Board of Commissioners may ask any pertinent questions of the opposition to aid in their understanding of the case. Questions and responses shall not be counted as part of the maximum 15-minute presentation time limit.

J.

No further public input will be allowed without consent of the Planning Commission and/or Board of Commissioners.

K.

Each speaker shall speak only to the application before the Planning Commission and shall address remarks only to its members. Speakers shall refrain from personal attacks on any other speaker and shall refrain from the discussion of facts or opinions irrelevant to the application. The Chairman may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection.

L.

At the conclusion of the Public Hearing, the Chairman of the Planning Commission will call for a motion on the application for recommendation to the Board of Commissioners. Motions must be approved by a simple majority of those Planning Commissioners present. The recommendation of the Planning Commission shall be forwarded to the Board of Commissioners for final determination. The Board of Commissioners shall make its final determination at a future meeting of the Board of Commissioners. The Public Hearing is concluded at the time the Planning Commission makes its recommendation to the Board of Commissioners. In the event the Planning Commission is unable to make recommendation, the Public Hearing shall be deemed concluded, and the application shall be forwarded to the Board of Commissioners for final determination without a recommendation from the Planning Commission.

280-40.03 Recording. All meetings of the Planning Commission, as well as the consideration of its recommendations by the Board of Commissioners, shall be video/audio or audio recorded.

280-40.04 Planning Commission Tabling. The Planning Commission shall be allowed to hold its Public Hearing for an application and to table its recommendation until it's next scheduled meeting for the purpose of considering more information. If the Planning Commission fails to submit a recommendation at its next scheduled meeting, it shall be deemed to have approved the proposed amendment.

(Ord. 23-07, 6/13/23; Ord. No. 24-13, § 4, 12-10-2024)

280-80.01 Procedure. The Board of Commissioners shall address the applications at its meeting scheduled for the second Tuesday of the month or as otherwise provided by the Code of Paulding County, Georgia and may approve, deny, reduce the land area for which the application is made, change the zoning classification, district or category requested, either to the one(s) sought or to other constitutionally permissible classification(s) which may not necessarily be an intervening classification, add or delete conditions of the application, including but not limited to site-specific conditions, variances to zoning regulations, or allow an application to be withdrawn without prejudice with respect to the 12-month limitation of this Section the applications using the same standards and criteria as set forth herein.

280-80.02 Attendance.

A.

The applicant, or their authorized agent, must be present at the meeting or the application shall not be heard. If the applicant or their authorized agent fails to appear at the meeting before the Board of Commissioners they may either continue the application to its next meeting or may dismiss the application without prejudice. In the event of such a dismissal, no fees shall be refunded.

B.

Any authorized agent appearing at the meeting in the absence of the applicant must have the full authority of the applicant to either consent or object to proposed zoning stipulations.

280-80.03 Tabling. An action by the Board of Commissioners to table the application shall include a statement of the date and time of the next meeting at which the application(s) will be considered, which shall constitute public notice of the hearing on the application(s) and no further notice shall be required.

280-80.04 Re-Application after Denial. If an application for a rezoning is denied, no re-application shall be allowed until 12 months have passed from the date of final decision by the Board of Commissioners.

(Ord. 24-05, 4/9/24; Ord. No. 24-13, § 5, 12-10-2024)

280-90.01 Procedure. Appeals from a decision of the Board of Commissioners issued under this Ordinance shall be brought as follows:

A.

Appeals of zoning decisions (legislative), as that term is defined by O.C.G.A. § 36-66-3(4)(A, B, C, D, and F), shall be brought by way of a petition for review in the Superior Court of Paulding County in accordance with O.C.G.A. §§ 36-66-5.1(a)(1) and 5-3-5(b).

B.

Appeals of the grant or denial of a special use permit, land use permit, or medical hardships (quasi-judicial) shall be brought by way of a petition for review in the Superior Court of Paulding County in accordance with O.C.G.A. §§ 36-66-5.1(a)(2) and 5-3-5(a).

280-90.02 Petition for Review. The Community Development Director shall have the authority to approve or issue any form or certificate necessary to perfect a petition for review from a decision of the Board of Commissioners.

280-90.03 Service. The County Clerk is authorized to accept service of a petition for review on behalf of the Board of Commissioners during normal business hours at the offices of the Board of Commissioners.

280-90.04 Transcripts. In the event of a filing of a petition for review, and in accordance with the provisions of O.C.G.A. § 5-3-14, a transcript of the proceedings before the Planning Commission and the Board of Commissioners shall be prepared by a court reporter using the video/audio or audio recording of the proceedings. Upon completion of the transcript, and certification of the relevant portions by the Chairman of the Planning Commission and the Chairman of the Board of Commissioners, the transcript shall become part of the record of the lower adjudicatory and forwarded to the reviewing court along with the remainder of the record.

280-90.05 Expenses. Except as otherwise provided by law O.C.G.A. § 5-13-16, the expense of preparing the transcript and other costs for preparing record shall be borne by the petitioner and shall be paid within 30 days after receiving notice of costs from the Community Development Director. Within five days of payment of such costs, the Community Development Director shall sign and issue to the petitioner a certificate of payment of costs.

(Ord. 24-05, 4/9/24)

Proposed amendments to the site plan, stipulations of zoning or architectural elevations approved by the Board of Commissioners are subject to the following requirements.

280-100.01 Different Use Proposed. At the time the site is developed, if the submitted site plan reflects a proposed use which is an allowable use within the specified zoning district, but differs from that site plan specifically after approved by the Board of Commissioners at the time of the rezoning action, then the changed site plan shall be reviewed again by all applicable county departments, as well as, applicable state and/or federal agencies.

280-100.02 Major Changes. The following situations are considered as Major Changes and shall require a revised Application for Zoning Review and subsequent public participation meeting or a new application depending on the extent and nature of the proposed change(s).

A.

Residential.

1.

Deletes or alters a stipulation of approval of the original site plan, including architectural elevations;

2.

Change in proposed housing type;

3.

Increase to the number of lots by 50 or by 10%, whichever is less;

4.

The relocation of active amenities to a different location;

5.

Increase in traffic which would require a Traffic Impact Analysis set forth in Section 280-20.03.B.14(a); or

B.

Non-Residential.

1.

Deletes or alters a stipulation of approval of the original site plan;

2.

Increase in traffic which would require a Traffic Impact Analysis as set forth in Section 280-20.03.B.14(b) or 280-20.03.B.14(c);

3.

Change in use that generates additional 20% trip generation of vehicles or more in any peak hour;

4.

Increase to the footprint or area of any proposed building of 30% or more

5.

Increase to the height of a building of two stories or more

280-100.03 Board of Commissioners Approval. The Board of Commissioners upon recommendation of the Planning Commission is authorized to make final approval or disapproval of any case meeting the criteria listed in Section 280-100.01 or 280-100.02 referred to above. Proposed changes shall be considered in accordance with the procedures, notifications, and hearing requirements of this Chapter.

(Ord. 24-05, 4/9/24; Ord. No. 25-05, § 18, 6-10-2025)

280-110.01 Purpose and Intent. Any amendment, whether a rezoning, special use permit, or land use permit requires a public hearing process. The public hearing process provides the opportunity and forum for citizens, affected landowners, and the general public to review and speak to public hearing cases. The participation by the public in the public hearing process provides valuable input in the outcome of cases and is a vital part of the decision-making process. The public should be confident that a project approved through the public hearing process will be completed as represented and approved unless otherwise properly amended or modified. Transparency with the decisions rendered by the Planning Commission and Board of Commissioners is essential, so that the public hearing process has integrity and dependability.

Once an amendment is approved, the applicant should diligently pursue the improvements associated with the granting of an amendment through completion. If improvements cannot be completed as approved, an applicant should submit another request and pursue the public hearing process again or seek additional remedies available under the UDO. Inaction or the lack of productivity over time begins to cast doubt on both the integrity of the public hearing process as well as the proposal submitted by the applicant and considered by the Board of Commissioners to gain the approval.

At the same time, once approved by Board of Commissioners, applicants must be able to depend on amendments as they pursue projects. Applicants need reasonable flexibility to meet consumer demand and adjust to market forces. Additionally, applicants face a host of challenges to complete projects including but not limited to delays created by regulatory factors, transactions, weather, utility relocations, and other extenuating circumstances. Applicants should be afforded the opportunity to develop realistic schedules that meet project needs with the ability to adjust these schedules and request additional time to complete projects as conditions warrant.

Therefore, these regulations set forth in this Section are intended:

A.

To balance the needs of development with the transparency and integrity demanded by the public hearing process:

B.

To provide for reversion standards for amendments including the process for requesting and granting extensions:

C.

To mitigate land speculation at the expense of the general public:

D.

To establish the timing of projects in accordance with a set schedule decided and agreed upon by the applicant and the Board of Commissioners:

E.

To ensure an approved amendment continues to be consistent with the adopted Comprehensive Plan and current land development codes of the County;

F.

To provide general requirements setting forth the length of time an amendment remains valid;

G.

To provide for notice, transparency, flexibility, and due process for applicants as they pursue projects enabled by amendments;

H.

To set forth an overall framework of project delivery and execution with a project or use approved with an amendment for the benefit of the applicant, the citizens, and the general public.

280-110.02 Amendment Types—Expiration. Zoning Amendments and Special Use Permits initiated by the property owner shall expire in accordance with this Section.

280-110.03 Reversion of Amendments.

A.

Amendment Completion Schedule. Commencing on or after March 8, 2022, the Board of Commissioners may approve an amendment conditioned upon the completion of a project schedule proposed by the applicant. The project schedule shall be adopted upon with the approval of an amendment and include a project commencement date, substantial progress date, and completion date. The project must achieve substantial progress by the date indicated or the amendment will expire and revert in accordance with provisions of this Section. The applicant may request an extension from Board of Commissioners in accordance with Section 280-100.03.E.

B.

Amendment Term. In the absence of an amendment completion schedule, amendments shall expire according to the following provisions:

1.

Commencement. A project must be commenced as evidenced by a current valid permit for construction within three years or receive a Certificate of Occupancy within three years from the date of amendment approval by the Board of Commissioners, whichever is sooner, otherwise the amendment shall expire. The applicant may request a time extension from Board of Commissioners in accordance with Section 280-100.03.E.

2.

Substantial Progress. Once a project has commenced by obtaining a valid permit for construction upon passage, the applicant has 12 months to achieve substantial progress, in accordance with the approved project plans or the amendment shall expire. The applicant may request a time extension from Board of Commissioners in accordance with Section 280-100.03.E.

C.

Reversion Process. Absent full reinstatement as defined in Section 280-100.03.D below or extension as defined in Section 280-100.03.E. Upon the concurrence of the failure to meet the timing of commencement of project described in Section 280-100.03.B.I, obtaining a valid construction permit, obtaining a certificate of occupancy, or obtaining substantial progress as described in Section 280-100.03.B.2, the amendment shall automatically be reverted to its original zoned classification and conditions. Should the Director determined that the original zoned classification be incapable of being returned to a constitutionally permissible classification, then the Director shall provide notice to the applicant and former property owner and shall contemporaneously file a request with the Planning Commission to request advertisement and notice to commence rezoning of the parcel which shall be accomplished in accordance with the process prescribed in Chapter 280.

D.

Reinstatement. From the date the amendment expires until the reversion is approved by Board of Commissioners, an applicant may request the reinstatement of an amendment and an extension to complete the project, if submitted in accordance with Section 280-100.03.E. Any reversion shall be tolled until the date the Board of Commissioners renders a decision on the request.

E.

Extension Request Process; Standards. To avoid reversion, one or more extensions of time may be requested by filing a written request with the Community Development Department at least 30 days prior to an amendment expiration date. The written request shall include the reasons for the extension request, amount of time requested for the extension, proposed project completion schedule based on the extension request, and the payment of a fee set by resolution of the Board of Commissioners.

An extension may be granted by the Board of Commissioners. In deciding to extend an amendment, the Board of Commissioners may consider any of the following standards:

1.

The applicant can document a significant monetary investment in the project to date:

2.

The applicant can demonstrate reasonable progress to date on the completion of the project:

3.

The applicant has proceeded with due diligence and in good faith to complete the project and conditions have not changed substantially so as to warrant a new application;

4.

Extenuating circumstances exist including but not limited to documented delays caused by weather, health, utilities, approvals from other governmental agencies, and local or national emergencies;

5.

Performance by the applicant in the past to complete projects and the number of extensions previously requested.

F.

Granting of Right-of-Way. As approved by Board of Commissioners on a case-by-case basis, whenever an applicant consents as a condition to the granting of an amendment to the conveyance of additional right-of-way to the County, such conveyance shall be completed within 12 months of the approval of the amendment at the applicant's expense; failure to complete conveyance to the County shall cause the immediate reversion of the amendment on any such parcel to its previous zoning classification.

280-110.04 Special Use Permits—Performance. An approved Special Use Permit shall become null and void if no building permit to construct the project has been issued within three years of the date of approval by the Board of Commissioners. A Special Use Permit for which no building permit is required shall become null and void if the use is not established and operational with an Occupation Tax Certificate issued by the County within three years of the date of approval by the Board of Commissioners. An extension may be requested in accordance with Section 280-110.03.E.

(Ord. 24-05, 4/9/24; Ord. No. 25-05, § 19, 6-10-2025)

All site plans for projects that have gone through the rezoning process are subject to the plan review standards established by the Code of Ordinance of Paulding County, Georgia and this UDO.

(Ord. 24-05, 4/9/24)

A traffic impact analysis report shall be required for any application meeting the standards set forth in Section 280-20.03.B.14. The report shall be prepared by a Professional Engineer licensed to practice in Georgia and trained with experience in the application of traffic engineering and shall contain the following information.

280-130.01 Executive Summary. An executive summary shall cover the following:

A.

The proposed site development;

B.

Major findings of the analysis; and

C.

Mitigation measures proposed, if necessary.

280-130.02 Vicinity Map. A vicinity map showing the location of the proposed development in relation to the transportation system of the area.

280-130.03 Description of Proposed Development. A complete description of the proposed development, including:

A.

A site plan;

B.

The total size and nature of the entire proposed development; and

C.

The proposed location and traffic control of all proposed access points.

280-130.04 Land Use. A brief description of the current (and proposed, if applicable) land uses adjacent to the site.

280-130.05 Study Area. A description of the study area for the Traffic Impact Analysis as defined by:

A.

All proposed site access points;

B.

All intersections bordering or adjacent to the site frontage including the closest intersecting collector or arterial street;

C.

Any road segment or intersection where the proposed development can be expected to generate more than 25 additional vehicle trips during a single hour;

D.

Any other neighboring intersections identified by Paulding County Traffic Operations as having capacity, safety, neighborhood, and/or geometric concerns that will be adversely impacted by the proposed development;

E.

The description of the study area shall include:

1.

Roadway names, locations and functional classifications;

2.

Intersection lane configurations and traffic control;

3.

Existing and future right-of-way;

4.

Pedestrian, bicycle, and transit facilities;

5.

Planned transportation system improvements;

6.

Existing traffic volumes (measured within the previous six months and adjusted to reflect current conditions) and operational analysis for study intersections including:

(a)

Average intersection delay;

(b)

Level of Service;

(c)

Volume/capacity ratios;

(d)

Queue length analysis;

7.

Accident data summary and analysis within the study area for the most recent available three-year period. Accident data can be obtained through the Georgia Electronic Accident Reporting System;

8.

Complete trip generation estimates for all phases and land uses of the proposed development should be calculated with the following requirements:

(a)

The most recent edition of the ITE publication Trip Generation Manual should be used.

(b)

If the ITE manual does not contain adequate data or the proposed land use is unique, a trip generation study can be conducted and its results used in place of the ITE manual.

(c)

Pass-by and/or internal trip estimates may be developed for land uses where trip types are common. The ITE methods on handling these types of trips are required to be followed.

9.

Trip distribution of the trip generation information should be performed using directional trip distribution patterns based on historical data. A figure showing the trip distribution pattern will be submitted as part of the study;

10.

Trips associated with other proposed, approved developments in the area shall be included in the traffic operations analysis;

11.

Forecast traffic volumes and performance evaluation (including average delay, levels of service, and volume-to-capacity ratios) for the study intersections without development of the site;

12.

Forecast traffic volumes and performance evaluation, including the proposed development traffic, for all study intersections in the year that full buildout is expected to occur, as well as for the five-year future;

13.

Safety analysis of the proposed site accesses, including sight distance (both stopping sight distance and intersection sight triangle) and operational characteristics;

14.

Analysis of right and left turn lane warrants, queue lengths, acceleration lanes, throat lengths, channelization, and other characteristics of the site-access driveways as appropriate;

15.

Comparison of the location and spacing of the proposed site-access driveways with Paulding County standards and the standards of the Georgia Department of Transportation, if necessary;

16.

Analysis of the parking needs of the proposed development, the adequacy of the proposed facilities to meet those needs as appropriate, and the conformance of the proposed parking facilities to applicable standards;

17.

Analysis as necessary of the adequacy of the internal vehicle and pedestrian circulation systems to serve the proposed development;

18.

Description and analysis of mitigation measures necessary to bring the identified intersections and locations into compliance with the applicable standards. Include analysis showing that these measures will bring these locations into compliance and include signal, turn lane, or other warrant analyses as appropriate;

19.

An appendix which includes:

(a)

Copies of raw traffic count data used in the analysis;

(b)

Calculation sheets and/or computer software output for all levels of service, delay, and volume-to-capacity ratio calculations in the analysis;

(c)

Warrant worksheets for signals, turn lanes, signal phasing, all-way stops, and other proposed measures as appropriate.

(Ord. No. 24-13, § 6, 12-10-2024)

A traffic memo report shall be required for any application meeting the standards set forth in Section 280-20.03.14(b) The memo shall be prepared by a Professional Engineer licensed to practice in Georgia and trained with experience in the application of traffic engineering and shall contain the following information.

280-140.01 Location Description. A summary describing the existing conditions.

A.

Vicinity Map to scale showing the location of the proposed development in relation to the transportation system in the area.

B.

Adjacent roadway functional classification(s)

C.

Roadway and Property existing conditions.

D.

Posted Speed Limit

E.

Average Daily Traffic (APT) Average Daily Traffic volumes for the adjacent county roadway(s) utilizing counts less than 2 years old, 48 hours and bi-directional Georgia Department of Transportation (GDOT) coverage counts can be utilized if the count station is within 1/3 of a mile of the development.

280-140.02 Land Use. A brief description of the current (and proposed, if applicable) land uses adjacent to the site.

280-140.03 Description of Proposed Development. A complete description of the proposed development, including:

A.

A site plan;

B.

The total size and nature of the entire proposed development; and

C.

The proposed location and traffic control of all proposed access points.

280-140.04 Trip Generation Estimate, AM/PM Peak Hour, Land Use Code. Complete trip generation estimates for all phases and land uses of the proposed development should be calculated with the following requirements.

A.

The most recent edition of the ITE publication Trip Generation Manual should be used.

B.

If the ITE manual does not contain adequate data or the proposed land use is unique, a trip generation estimate based on similar use case in the following order of availability (Paulding, nearby Counties, Atlanta Metro, Georgia, other States) can be conducted and its results used in place of the ITE manual.

C.

Pass-by and/or internal trip estimates may be developed for land uses where trip types are common. The ITE methods on handling these types of trips are required to be followed.

280-140.05 Adjacent Access Spacing—Upstream and Downstream.

A.

All proposed site access points.

B.

All intersections bordering or adjacent to the site frontage including the closest intersecting collector or arterial street.

280-140.06 Intersection Site Distance. Site distance shall meet minimum requirements per AASHTO.

280-140.07 Connectivity and Circulation Review. A site plan showing all connectivity, inter-parcel access and circulation.

280-140.08 Intersection and Roadway Geometric Recommendations. Description and analysis of mitigation measures necessary to bring the identified intersections and locations into compliance with the applicable standards. Analysis should include the following:

A.

Analysis showing that these measures will bring these locations into compliance and include signal, turn lane, or other warrant analyses as appropriate.

B.

An appendix which includes copies of raw traffic count data used in the analysis.

(Ord. No. 25-04, § 1, 5-13-2025)