§ 44-183. Board application.

(a)

Generally. A board application is a request or petition for development activities that require extensive review and a public hearing by the planning commission board. Following consideration by the planning commission board, including any required public hearing, the results of the board's decision shall be forwarded as a recommendation to the McDuffie County Board of Commissioners for final review. Board application activities include, but are not limited to:

(1)

Variances.

(2)

Special exceptions.

(3)

Zoning changes.

(4)

Subdivision/planned development review.

(5)

Changes to the land development code.

(6)

Changes to the future land use map.

(7)

Adult entertainment review.

Note: For multiple applications of any of the above, see subsection (i) of this section]

(b)

Variances. A variance is a request by an applicant to be allowed to deviate from the requirements of the dimensional standards of this chapter. Requests for variances include, but are not limited to, a request for reduced setbacks, reduced road frontage, reduced minimum lot size, reduced number of parking spaces, increased number of structures per lot, handicapped variance, etc.

(1)

Application procedures. Any applicant seeking review of an application for a variance from the dimensional requirements of this chapter shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant may be required to submit additional information as the development code administrator may require including, but not limited to; a plat of the property showing all structures including the dimensions of same; a notation on the plat showing the linear variance requested; a deed of the subject property; and if the owner(s) is not the applicant, a letter of authorization from the owner(s) of the property authorizing the application for the variance.

(2)

Application fee. At the time of application, the applicant shall remit to the office of the planning commission an application fee, for a single property variance request, of $100.00 plus costs for legal notices and the placement of notice signs. Each additional variance request for a separate parcel if contiguous shall be $50.00 plus costs for legal notices and the placement of notice signs.

(3)

Review process. See section 44-184 of this article.

(c)

Special exceptions. Special exceptions are land uses which are subject to the imposition of land use limiting conditions which modify the land use to make it more compatible with the principally permitted uses in one or more zoning districts, but may not be appropriate generally through out the district as a whole, due to their nature, scale, and intensity of use. Such applications are commonly referred to as "conditional use." Examples of typical conditions may be found in section 44-72 of article IV.

(1)

Application procedures. Any applicant seeking review of an application for a special exception shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant may be required to submit additional information as the development code administrator may require including, but not limited to; a scaled development or site plan in a formal not greater than 11″ × 17″ showing the proposed development of the property and its zoning classification; a plat of the property; a deed of the subject property; and if the owner(s) is not the applicant, a letter of authorization from the owner(s) of the property authorizing the application for the special exception. Since special exception uses are uses which are generally accepted uses within the appropriate zoning district, an application for a special exception does not imply the need for, nor shall it constitute in itself, an application for a change in zoning.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $100.00 plus costs for legal notices and the placement of notice signs for a single property special exception request.

(3)

Review process. See section 44-184 of this article.

(d)

Zoning changes/rezoning. Unless initiated by the board of commissioners, or the planning commission (board), all proposed zoning map changes must be submitted by the owner of the subject property or the duly authorized agent of the subject property owner. A duly authorized agent must submit notarized written authorization from the property owner with the request for zoning map amendment.

(1)

Application procedures. Any applicant seeking review of an application for a zoning change shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant may be required to submit additional information as the development code administrator may require including, but not limited to; a scaled development or site plan in a format not greater than 11″ × 17″ showing the proposed development of the property and its zoning classification; a plat of the property not greater than 11″ × 17″; and a deed of the subject property.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $150.00 plus costs for legal notices and the placement of notice signs, for a zoning change request involving up to three contiguous lots or parcels, and, for a change to the same zoning classification. Each additional contiguous lot (for the same zoning classification) thereafter shall be charged an application fee of $75.00. Requests for changes to differing zoning classifications shall each be considered as separate applications even though the lots may be contiguous.

(3)

Review process. See section 44-184 of this article.

(e)

Subdivision/planned development review. An application for subdivision development (with interior streets) or for a planned development/planned unit development is one which requires substantial time for discretionary review and subsequent action requiring not less than one, and possibly two public hearings by the planning commission. A subdivision development along an existing county maintained road or street may be subject to the provisions of this section particularly if the subdivision involves more than ten subdivided lots.

(1)

Application procedures. Any applicant seeking review of an application for a subdivision (with interior streets) or a planned development/planned unit development shall submit a completed application to the development code administrator within 45 days of the date of the planning commission board meeting at which such application would be considered. In addition to the completed application, the applicant will generally be required to submit seven copies of a preliminary development plan prepared by either a Registered Georgia Professional Land Surveyor or Engineer and containing at a minimum, the following:

a.

A scale not greater than 1″ = 100′.

b.

A sheet size not greater than 24″ × 36″.

c.

One copy of the development plan formatted to 11″ × 17″.

d.

Title: "Preliminary Development Plan."

e.

Site map, north arrow, date, total acreage.

f.

Name and address of property owners.

g.

Name and address of development designer.

h.

Current and proposed zoning classification.

i.

Name(s) of adjoining property owners.

j.

Boundary line bearings and distances of perimeter boundary.

k.

Layout of all lots including approximate lot dimensions.

l.

Existing easements including width and type.

m.

Existing utilities at site.

n.

Existing streets/roads at site.

o.

Professional soil map of site if not served by municipal sewage.

p.

Contour elevations not greater than five feet.

q.

Boundaries of any areas subject to flooding.

r.

Boundaries of any overlay districts (Usry Pond, etc.).

s.

Layout design of all development improvements including structures, fencing, landscaping, common/recreation areas, parking areas, drains, or crossdrains, utilities, etc.

t.

Design of a typical road cross section.

Upon review by the planning commission board, the board shall specify any amendments to the development plan as it deem necessary to ensure the public health, safety, and general welfare. The applicant shall then amend the plan to incorporate the amendments specified by the board and resubmit the plan to the development code administrator to verify compliance with the board's required amendments. Should the plan be found to be in compliance with the board's required changes, the provisions of this chapter, and in particular the provisions of this article and of article VII (Planned Development Requirements), the administrator may approve the plan whereupon construction of the development may begin.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $250.00 plus cost of legal notices and signs. In the case of a subdivision involving new interior streets, the fee shall be $250.00 plus $10.00 per lot over 25 lots, plus cost of legal notices and signs.

(3)

Review process. See section 44-184 of this article.

(f)

Land development code text changes. An application for a change in the land development code may request an amendment, supplement, or other change only to the text (including tables) of the code.

(1)

Application procedures. Any applicant seeking a review or consideration of a change to the land development code shall submit a completed application to the development code administrator within 45 days of the date of the planning commission board meeting at which such application would be considered. In addition to the application, the applicant shall include a detailed written explanation of those articles, sections, paragraphs, sentences, lists or tables for which they are requesting a review. Such items shall be formatted in a manner as to clearly indicate the current wording followed immediately by the recommended change(s). In addition to the above requirements, the applicant may be required to submit such other documentation or information as is requested by the development code administrator. Such proposed changes shall be forwarded to the county attorney for review.

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $100.00 plus cost of legal notices. Should signage and advertising be required, the applicant shall remit the cost of same.

(3)

Review process. See section 44-184 of this article.

(g)

Future land use map changes. Applicants may request a change to the future land use map in order to request or accommodate subsequent changes to the official zoning map. Due to the resulting effects on the McDuffie County Official Zoning Map by changes made to the future land use map, an intensive and thorough review will be made of all requests for such changes.

(1)

Application procedures. Any applicant seeking a review or consideration of a change to the future land use map shall submit a completed application to the development code administrator within 30 days of the date of the planning commission board meeting at which such application would be considered. In addition to the application, the applicant shall at a minimum include a description of the proposed change(s) in the future land use classification, the specific reasons for requesting the change(s), and a statement of how the requested change(s) will promote the relevant goals, objectives, and policies of the comprehensive plan for the affected area(s).

(2)

Application fees. The applicant shall remit to the office of the planning commission an application fee of $150.00 plus costs for legal notices and the placement of notice signs, for a land use change request involving up to three contiguous lots or parcels, for a change to the same land use classification. Each additional contiguous lot (for the same land use classification) thereafter shall be charged an application fee of $75.00. Requests for changes to differing land use classifications shall each be considered as separate applications even though the lots may be contiguous. Applications of this type may require one or more public hearings.

(3)

Review process. See section 44-184 of this article.

(h)

Adult entertainment review. Even though not specifically incorporated into and made a part of this land development code, the requirements of any adult entertainment ordinance hereafter adopted by McDuffie County shall be reviewed by the planning commission board for compliance with the provisions for the granting of a special exception and any other considerations as may affect the use of land in the county for that purpose.

(1)

Application procedures. In as much as the provisions of this chapter allow an adult entertainment use as a special exception as found under zoning classifications for C-2 and I-2, any application for an adult entertainment special exception shall follow the application procedures as found in subsection (c) of this section.

(2)

Application fees. Same as specified under subsection (c) of this section.

(3)

Review process. See section 44-184 of this article.

(i)

Multiple applications. Should an applicant require a combination or multiple applications of those activities listed under subsection (a) of this section, the requirements for each of the individual applications may be satisfied concurrently without the need for multiple redundant meetings or hearings, provided the combined public notice, hearing, review, and approval process satisfies all applicable requirements specified in the code for each type of application. The fee for a combined application review shall be $375.00 for any two applications, $500.00 for any three applications, and $800.00 for four or more applications; plus the cost of legal notices and signage. For a combination of applications which include a subdivision review, the above cost shall include the first 25 lots after which a charge of $10.00 per lot shall be incurred.

(Ord. of 3-23-99, Art. IX, § 3)