§ 12.00.00. Generally.

12.00.01.

Purpose. This ULDC sets forth the procedures for receiving, reviewing, and rendering decisions on applications for subdivisions, multifamily and nonresidential development, mixed use development, planned developments, rezoning, and all permits. This ULDC also sets forth the requirements for appealing decisions, and for enforcement. It is the county's intent that the procedures and requirements set forth in this ULDC shall be followed in order to seek approval for any development.

12.00.02.

Approvals required.

A.

No person shall conduct any development activity within the jurisdictional boundaries of Henry County without first obtaining an approved subdivision plat, development plan, construction plans, and permits to perform such activities. The division of a parcel, as shown on the most recent Henry County Tax Map, may be split into three (3) lots within a five-year period and shall not require a development plan.

B.

Permits shall be issued only for development on platted and recorded lots.

1.

No permits shall be issued on lots described by metes and bounds.

2.

All development activities or site work conducted after approval of a subdivision plat or development plan shall conform to the specifications of the approved plans.

C.

Major changes to an approved plan, as defined below, shall require specific approval of an amended plan.

1.

Altering the amount and velocity of stormwater runoff from the site;

2.

Increasing the amount of impervious surface within the development;

3.

Altering the overall density of development;

4.

Substantially increasing the amount of excavation, fill, or removal of vegetation during construction; or

5.

Otherwise altering the overall appearance of the development as proposed as determined by the administrator.

D.

The following situations are exempt from the requirement to obtain an approved development plan prior to the issuance of required permits:

1.

Repairs to a facility that is part of a previously approved and permitted development.

2.

Accessory structures, provided applicable permits are obtained.

12.00.03.

Expiration of approvals.

A.

Amendment of the official zoning map (rezoning).

1.

After an approval has been granted for an amendment to the official zoning map to create or extend any zoning district, the applicant, agent or property owner has eighteen (18) months in which to make substantial progress in developing the property.

2.

Substantial progress shall mean the point of construction at which time the first inspection is carried out.

3.

If no substantial construction or alteration of the property or other affirmative action to develop the property has occurred within eighteen (18) months of the granting of an application for rezoning, the zoning advisory board may review the situation and report its findings with recommendations to the board of commissioners who may, at a public hearing, change the zoning category to its prior or other appropriate zoning district classification.

B.

Development permits.

1.

If construction described in a development permit has not commenced within twelve (12) months from the date of issuance, the permit shall expire. However, the permit may be extended for an additional twelve (12) months, upon payment of the permit fee for such extension.

2.

If construction described in the development permit is suspended after work has commenced, the permit shall expire twelve (12) months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as determined by the administrator.

12.00.04.

Fees required. All fee amounts are determined and adjusted periodically by the board of commissioners. All applications shall be accompanied by payment of application fees, as set forth in each department's fee schedule.

12.00.05.

Procedures for conducting public hearings. In compliance with O.C.G.A. § 36-66-5 the following rules of procedure shall govern public hearings before the zoning advisory board and the board of commissioners:

A.

Each person speaking before the board or commissioners, shall identify himself/herself by name, address, and whether or not applicant is owner or agent for owner.

B.

Each applicant or other interested party who submits documents at the hearing shall have each document numbered and shall identify each document. Each document submitted shall be made a part of the official record of the hearing.

C.

Time periods for testimony:

1.

Each applicant shall have ten (10) minutes to present data, evidence, and opinions pertinent to the application. A portion of this time period may be saved for rebuttal.

2.

Persons in opposition to rezoning of property and amendment to the zoning ordinance shall have a total of ten (10) minutes to address the board. Each person shall provide the administrator with his/her name and address.

3.

Additional time may be granted equally to the applicant and opponents at the discretion of the chairman of the board.

D.

At the conclusion of a hearing by the zoning advisory board, the board shall announce its decision or recommendation, as required, and direct the administrator to notify the applicant in writing of such decision or recommendation. The notification shall be made a part of the record on the date that the written notification is given to the applicant.

E.

At the conclusion of a hearing by the board of commissioners, the board may:

1.

Approve the application.

2.

Approve the application with conditions.

3.

Disapprove the application.

4.

The board of commissioners may continue or postpone their deliberations to a date certain to render their decision.

5.

The board may remand to the zoning advisory board for additional review and consideration in a duly advertised public hearing.

The board shall announce its decision and direct the administrator to notify the applicant in writing of the board's decision. The written notification shall immediately be entered on the minutes and made a part of the record on the date that written notification is given to the applicant.

12.00.06.

Requirements for developments of regional impact.

A.

A proposed development that meets or exceeds the thresholds established by the Georgia DCA, ARC, and GRTA for a Development of Regional Impact (DRI) shall be reviewed according to the procedures in Chapter 110-12-3, Rules of the Department of Community Affairs (DCA).

B.

When a development meeting the threshold standards established by the DCA, ARC, and GRTA is proposed, the county shall not take action (including actions by the administrator, zoning advisory board, or board of commissioners) on the development until the DRI review process is completed.

C.

Upon receipt of a request for action related to a project that meets or exceeds the thresholds established for that development category, the local government may request that the applicant submit additional information about the project, using forms available from DCA.

D.

Upon determination that the proposed development is not a DRI, the county may continue with review and decision-making procedures set forth in this ULDC.

E.

Upon conclusion of the DRI review, the county may continue with review and decision-making procedures as set forth in this ULDC.

1.

The county is encouraged to include the public finding and comments regarding the proposed DRI project in considering actions on the application for project approval.

2.

Where the project received a negative public finding and the county approves the project, the county shall notify the DCA, indicating any conditions that have been placed on the project to mitigate the negative finding.

3.

The planning and zoning department shall submit applications for DRI review to the DCA.