Chapters:
16.04 Introductory
Provisions and Definitions
16.08 Planning
Commission
16.12 Board
of Appeals and Adjustments
16.16 Subdivisions
Generally
16.20 Platting
Procedure
16.24 Required
Improvements
16.28 Design
Standards
16.32 Zoning
Generally
16.36 Zoning
Districts Established
16.40 R-1
Single-Family Residential District
16.44 R-2
Single-Family Residential District
16.48 R-3
Single-Family District
16.52 R-4
Multi-Family Residential District
16.56 EH-HR
Elderly and Handicapped Residential High-Rise Apartment District
16.60 PUD
Planned Unit Development District
16.64 CVD
Conservation Village Design District
16.68 WP
Wetlands Protection Overlay District
16.72 WS
Watershed Protection Overlay Districts
16.76 AH
Airport Hazard Overlay District
16.80 MHP
Mobile Home Park District
16.84 R-P
Residential, Professional District
16.88 R-LC
Residential, Light Commercial District
16.92 R-DT
Residential, Downtown District
16.96 S-P
Scenic and Historic Preservation District
16.100 CBD
Central Business District
16.104 CC
Community Commercial District
16.108 HC
Highway Commercial District
16.112 M-1
Light Industrial District
16.116 M-2
Heavy Industrial District
16.120 Exceptions
and Modifications
16.124 Procedure
and Enforcement
16.128 Amendments
16.132 Signs
16.136 Tree
Preservation
16.140 Home
Occupations
16.144 Historic
Preservation
16.148 Protection
of Groundwater Recharge Areas
16.149 Stormwater
Management
16.152 BCOD
Bypass Corridor Overlay District
16.156 Administrative
Variances
Sections:
16.04.010 Short
title and scope.
16.04.020 Definitions.
A. This title shall be known as the “comprehensive subdivision and zoning ordinance.”
B. The purpose of this title is to prescribe the rules, regulations, requirements, standards and procedures to be followed in the subdivision and zoning of property within the city of Covington, Georgia, and to provide for the orderly administration of the same. The provisions of this chapter are enacted pursuant to Chapter 69-12 of the Code of Georgia of 1933, as amended, which is declared to be effective as provided by Section 69-1229 of the Code of Georgia of 1933, as amended. (Prior code § 24-1)
For the purpose of this title, words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word “building” includes the word “structure”; the word “shall” is mandatory and not directory; and the following terms and words are defined as follows:
“Accessory building or use” means a subordinate building or portion of the main building not more than two stories in height, the use of which is incident to that of the principal building on the same building lot.
“Alley” means a required public thoroughfare which affords only a secondary means of access to the abutting property.
“Apartment” means a suite of one or more rooms which is designed or intended for occupancy by, or which is occupied by one family doing its own cooking therein, or by one person doing his or her own cooking therein.
“Apartment house” means a building or portion thereof which contains three or more apartments.
“Automobiles sales and storage yards or lots” means an open premises used for the storage or sale of complete and operable automobiles.
“Automobile wrecking yard” or “automobile used parts lots” means any place where three or more vehicles not in running condition, or the parts thereof, are stored in the open, or any building or structure used principally for wrecking or storage of automobiles not in running condition.
“Basement” means a story partially below grade having at least one-half of its height above the grade of the lot on which it is situated. A basement shall be counted as a story if used for dwelling or business purposes.
“Billboards” or “poster panels” means any sign or advertisement used as an outdoor display by the painting, posting or affixing on any surface, of a picture, emblem, words, figures, numbers, or lettering for the purpose of making anything known; such sign or advertisement being remote from the point of sale.
“Board of appeals” means the board of appeals and adjustments, as established in accordance with this title.
“Buffer area or zone” means natural, undeveloped portion of a lot or parcel of land set aside for open space and visual screening purposes pursuant to applicable provisions of this title for the purpose of separating different use districts, or to separate uses on one property from uses on another property of the same use district.
“Building” means a structure for shelter, support or enclosure of persons, animals or chattels. When separated from each other, without connecting passageways, each portion of such building shall be deemed a separate building.
“Building height” means the vertical distance measured from the level of the established grade opposite the middle of the front of the building, to the highest point of the roof surface if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable hip, or gabled roof. For buildings set back from the street or right-of-way line, the height may be measured from the average elevation of the natural grade along the front of the building, provided its distance from the street or right-of-way line is not less than the height of such grade above the established grade of the street. In case of through lots, or double front lots, the established grade of such abutting street shall govern to one-half the depth of the lot.
“Building line” means a line between which line and any street line of a district, lot, tract, or parcel of land, no building or part of a building may be erected, altered or extended.
“Building line setback” means the distance between the building line and the street line in a district, lot, tract, or parcel of land.
“Building, main” or “main building” means a building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which the same is situated. Main building when used with reference to ground coverage shall mean the dimensions of the dwelling with the porches and garages, when same are under one roof.
“Bulk plant or station” means a place where petroleum products or other flammable liquids are stored for wholesale purposes only, where the total capacity of all storage tanks is more than twelve thousand (12,000) gallons.
“Bungalow courts (house courts)” means a group of two or more single-family dwellings on one or more adjoining lots, having a separate outside entrance on the ground floor level for each single-family dwelling.
“Cellar” means a room or story having more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measured.
Club, Nonprofit. “Nonprofit club” means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
“Comprehensive plan for development” means any legally adopted part or element of the comprehensive plan for development adopted by the planning commission.
“Comprehensive zoning map” means the multipage sectional atlas property maps bound in one volume entitled “1992 Official Zoning District Maps for Covington, Georgia” with all notations, references and other information shown thereon as more particularly identified and described in Section 16.36.010(B) of this title.
“Condominium” means individual ownership units in a multi-family structure, combined with joint ownership of common areas of the building and grounds in accordance with all applicable provisions of this title and the Georgia Condominium Act.
Corner Lot. See “Lot, Corner.”
“Court” means unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
“Cul-de-sac” means a dead-end street, where there is room for an automobile to turn around at a circular end.
“Day care center” means any place operated by a person, society, agency, corporation or institution, or any group, wherein are received for pay seven or more children under eighteen (18) years of age for group care, without transfer of custody, for more than four hours, and as much as twenty-four (24) hours per day.
“Day care home” means any place operated by any person who receives for pay three to six children under eighteen (18) years for group care, without transfer of custody, for more than four hours and as much as twenty-four (24) hours per day.
“Dead-end street” means a street with no outlet at one end.
“Dwelling” means any building or portion thereof, which is designed or used exclusively for residential purposes.
Dwelling, One-Family. “One-family dwelling” means a building containing but one housekeeping unit and designed or used to house not more than one family in a permanent manner which may include not more than two boarders or lodgers.
Dwelling, One-Family Zero Lot Line. “One-family zero lot line dwelling” means a single-family dwelling unit which is either:
1. Erected in a row as part of a single building on adjoining lots, each being separated from the adjoining unit or units by an approved fire-resistant party wall or walls, extending from the basement or cellar floor to the roof along the dividing lot line; or
2. Erected as a detached dwelling unit with side and/or front setback requirements relaxed so as to allow the dwelling unit to be built on the property line.
Dwelling, Multi-Family. “Multi-family dwelling” means a building designed for, or portion of a building having accommodations for, two or more families being independent of each other, and each having its own kitchen and bath facilities. This term includes premises occupied more or less permanently for residential purposes in which the rooms are occupied in apartments, suites, or groups such as apartment units, tenement houses, flats, apartment hotel, bachelor apartments, kitchenette apartments, studio apartments, and all other dwellings similarly occupied.
Dwelling, Two-Family. “Two-family dwelling” means a building containing two housekeeping units, and designed or used to house two families, living independently of each other, each of which may include not more than two lodgers or boarders.
“Fallout shelter” means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, air raids, storms or other emergencies.
“Family” means a group of one or two persons or parents with their direct descendents and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in a room or rooms comprising a single housekeeping unit. Every additional group of five or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter. Family does not include a group occupying a club, dormitory, etc.
“Filling station” means any building or premises used for the storing, dispensing, servicing, sale or offering for sale at retail of any automobile fuels and lubricants and/or accessories, but not including major repairs.
“Frontage” means the distance on which property abuts one side of a street, road, or highway, or other public way measured along the dividing line(s) between the property and such road, or highway, or other public way.
“Frontage roadway” or “access street” means a roadway contiguous to and generally paralleling an expressway, major street or highway, or through street or highway, and so designed as to intercept, collect and distribute traffic desiring to cross, enter or leave such facility, and to furnish access to property which otherwise would be isolated as a result of controlled-access features peculiar to topographical conditions.
“Garage” means a building for the storage or housing of motor driven vehicles.
Garage, Private. “Private garage” means a garage intended for and owned or used by the members of families resident upon the premises; provided, that not more than one-half of the garage space may be rented for private vehicles owned or used by persons not resident on the premises, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage shall not include those used by more than one commercial vehicle per family resident on the premises, and no such commercial vehicle shall exceed two-ton capacity; nor shall such garage provide for the repair or equipping of such vehicles.
Garage, Public. “Public garage” means any garage not included within the definition of a private garage.
“Guest house” means any accessory building to be used solely by the occupant of the main building for his or her pleasure or recreation or to house nonpaying guests.
“Guest room” means a room which is designed or intended for occupancy by, or which is occupied by, one or more guests but in which no provisions are made for cooking and not including dormitories for sleeping purposes.
“Home occupations” means any occupation or profession engaged in by any occupant of a dwelling not including the conduct of a retail business, or a manufacturing business or a repair business of any kind on the premises. Home occupation shall not include any occupation conducted in any building on the premises other than the building which is used by the occupant as his or her private dwelling and shall not include the employment of any additional person in the performance of such services. Such home occupations shall not include clairvoyance, fortunetelling, experimentations that involve the use of chemicals or matter or energy that may create or cause to be created noises, noxious odors, or hazards that will endanger the health, safety, or welfare of the community.
“Hotel” means any building containing sleeping rooms for the more or less temporary occupancy of individuals who are lodged with or without meals, with no provisions made for any cooking in any individual room or suite.
Hotel, Apartment. “Apartment hotel” means any building which satisfies both the definition of a multiple dwelling house and that of a hotel as defined by this section.
“Industrialized building (factory-built housing)” means a dwelling unit or building component:
1. Manufactured in accordance with the Georgia Industrialized Building Act and the rules of the Commissioner of Georgia Department of Community Affairs issued pursuant thereto. Such structures meet the state building and construction codes and bear insignia of approval by the commissioner; or
2. Manufactured according to plans and specifications which are certified by a registered professional engineer as meeting all local building and construction codes (wiring, plumbing and mechanical construction) and having received written approval of the building official or to the issuance of any permits for placement.
“Institution” means any building or group of buildings used for public or private educational, religious, civic or other similar purposes.
“Junkyard” means any use of public streets or private property involving the parking, storage or disassembly of junked vehicles or wrecked or nonoperable automobiles, trucks or other vehicles; storage, baling or otherwise dealing in bones, animal hides, scrap iron and other metals, used paper, used cloth, used plumbing fixtures, old stoves, old refrigerators and other old household appliances, and used brick, wood or other building materials. These uses shall be considered junkyards whether or not all or part of these operations are conducted inside a building or in conjunction with, in addition to or accessory to other uses of the premises.
“Kindergarten” means a school for pre-elementary school children ranging in age from four through six years, which operates for less than four hours per day.
“Lodging” or “boardinghouse” means a building designed or used for the more or less permanent occupancy with or without meals, of more than two lodgers or boarders, whether the compensation be paid directly or indirectly.
“Lot” means a lot or parcel or land occupied or intended to be occupied by a principal building or use and any accessory building and uses customarily incident to it, and including open spaces not less in extent than those required in connection therewith by this chapter. All lots shall front on, and have ingress and egress by means of a public or private street, road, or highway.
Lot, Corner. “Corner lot” means a lot which abuts on two or more streets, and/or roads, at their intersection, or upon a curved street, provided that the two sides of the lot, or the tangents to the curve of the street line at its starting points at or within the side lines of the lot, intersect to form an interior angle of not more than one hundred thirty-five (135) degrees.
“Lot depth” means the distance between front and rear lot lines; if two opposite sides of said lot are not parallel, the depth shall be deemed to be the mean distance between the front and rear lot lines.
Lot, Interior. “Interior lot” means a lot which is not a corner lot.
Lot Line, Front. “Front lot line” means the front lot line of an interior lot which is the line separating the lot from the street or easement of principal access. The front lot line of a corner lot shall be the lot line with the least frontage.
Lot Line, Rear. “Rear lot line” means the rear lot line which is the boundary opposite and more or less parallel to the front lot line. The rear lot line of an irregular or triangular lot shall be for the purposes of this chapter a line not less than ten (10) feet long, lying wholly within the lot, and parallel to and at the farthest distance from the front lot line.
Lot Line, Side. “Side lot line” means any lot boundary line not a front line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. Any other side lot line is an interior side lot line.
Lot, Through. “Through lot” means a lot whose depth extends between two more or less parallel streets and having frontage on each street.
“Lot width” means the width of the lot measured at right angles to the mean depth of said lot.
“Mini-warehouse” means a structure consisting of rooms or areas for storage of merchandise or commodities not to be sold on the same premises, with a maximum area of twelve thousand (12,000) square feet and with a maximum of one thousand two hundred (1,200) square feet for each individual storage area within the structure. Anything contained herein to the contrary notwithstanding, a mini-warehouse shall not be used for the storage of a hazardous material as determined by local authorities including, but not limited to, flammable and combustible liquids.
“Modular home” means a factory-fabricated, single-family dwelling at least twenty-four (24) feet in width which is constructed in one or more sections and has been inspected by an approved third-party inspection agency within the factory while being fabricated. The certification of inspection shall be posted on the inside of the dwelling by the use of an approved seal. A modular home shall meet the standards of SBCCI (Southern Building Code Congress International) Compliance Report Number 8164 as was written on July 1, 1981, entitled “Factory Built Home,” and be designed to be incorporated on a permanent foundation with wheels and tongue removed.
“Motel” means any building containing sleeping rooms for the more or less temporary occupancy of individuals who are lodged with or without meals, and where the design favors a direct vehicular approach to each sleeping or living room. Any such building or structure exceeding two and one-half stories in height shall be classified as a hotel rather than motel.
“Natural grade” means the slope of the ground adjoining the building.
“Nonconforming use” means any use of a building or of land that does not conform to the regulations of the district in which it is situated, but which was an existing and lawful use prior to the adoption of such regulations
“Open space” means a yard area which is not used for or occupied by a driveway, off-street parking, loading space, drying yard or refuse storage space.
“Parking lot” means a parcel of land devoted to unenclosed parking spaces which may include partially enclosed one story buildings, and where a charge is made for storage or parking of vehicles.
Parking Lot, Accessory. “Accessory parking lot” means a parcel of land used by an individual partnership, firm or corporation in any commercial or industrial district exclusively for the parking of vehicles of its employees or customers and for which no charge is made.
“Parking space” means an area of appropriate dimensions of not less than two hundred (200) square feet, exclusive of access or maneuvering area, to be used exclusively as a temporary storage space for private motor vehicles. Truck loading and unloading space shall not be included in such area. When the application of a unit of measurement for parking spaces to a particular use or structure results in a fractional space, any fraction under one-half shall be disregarded and fractions of one-half or over shall be counted as one space.
“Planning commission” means the planning commission, established in accordance with this title.
“Planning strip” means that portion of a street between the curb or pavement edge and the property line exclusive of the area occupied by the sidewalk.
“Sidewalk” means that portion of a street or road available exclusively for pedestrian traffic.
“Sign” means any words, lettering, parts of letters, figures, numbers, phrases, sentences, emblems, devices, designs, trade names, or trade-marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or produce, which are visible from any public street or highway and used to attract attention. This applies to free standing devices or to devices attached to a building or structure.
“Special exceptions” means a use which within certain districts specified by this title is not permitted as a matter of right but may be permitted within these districts by the board of appeals (pursuant to Chapter 16.12) after said board has:
1. Reviewed the proposed plans for its use, its location, arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability;
2. Found the proposal not to be contrary to the intent of this title; and
3. Approved the use as specified.
Stable, Horse. “Horse stables” means a building intended for the accommodation of one or more horses or mules.
“Story” means the vertical distance of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between such floor and ceiling next above it, provided that a cellar shall not be considered a story. Attic space is construed as one-half story.
“Street” means a public thoroughfare, whether commonly referred to as a street, avenue, drive, circle, lane, place, road, highway, expressway, or such other term, as the same are generally understood.
“Street grade” means the grade of the front street, or other street upon which the lot abuts, at the mid-point of the frontage of the lot thereon.
“Street line” or “right-of-way line” means the dividing line between a lot and a street, as hereinabove defined; or the dividing line between a lot and a private roadway over which two or more abutting property owners have an easement or right-of-way.
“Street right-of-way” means that land to which the public has the paramount right for use as a thoroughfare; the width of the right-of-way is that distance, measured perpendicular to the center line of such thoroughfare, between the front lot lines of the abutting property on each side of the thoroughfare.
“Street width” means the width of the street right-of-way, as above defined.
“Structure” means anything constructed or erected, the use of which requires more or less permanent or semi-permanent location on the ground, or the attachment to something having a permanent location on the ground. The term includes tents, bleachers, gasoline pumps, automobile house trailers, advertising signs, billboards, portable vehicles, or structures from which products are vended and similar objects.
“Structural alterations” means any change in the supporting members of a building or structure, such as bearing walls, columns, beams, girders, floor joists, or roof joists, or exterior supports.
“Subdivision” means the division of a lot of record at time of enactment of this title into two or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale, legacy or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are expressly excluded from the definition of “subdivision”:
1. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards set forth in these ordinances;
2. The transfer of property by the owner to a member of the immediate family (parent, spouse, brother, sister or child);
3. The transfer of unsubdivided land or the transfer of a lot or parcel of land established by deed or plat recorded in the office of the clerk of the superior court prior to the initial effective date of these ordinances;
4. The division of land among heirs by consent or judicial decree;
5. The division of land into parcels of five acres or more where no new street is involved.
“Townhouse” means a single-family dwelling unit which is erected in a row as part of a single building, on adjoining lots, each being separated from the adjoining unit or units by an approved fire-resistant part wall or walls extending from the basement or cellar floor to the roof along the dividing lot line.
Trailer, House. “House trailer” means any vehicle or coach, capable of being self-propelled or towed, which is so designed and so constructed as to permit occupancy thereof as a temporary or permanent dwelling unit or sleeping place for one or more persons.
“Trailer park” means any site, lot, field, or tract of land upon which two or more trailer coaches are placed, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such park.
“Variance” means a relaxation of the terms of this chapter (by the board of appeals and adjustments pursuant to Chapter 16.12) that will not be contrary to the public interest and where, due to conditions peculiar to the property (and not the applicant), a literal enforcement of these regulations would result in unnecessary and undue hardship.
“Yard” means an unoccupied area of a lot, open and unobstructed from the ground to the sky, except as otherwise provided in this title.
Yard, Front. “Front yard” means an open space extending the full width of a lot and of a depth measured horizontally at right angles to the front lot line.
Yard, Rear. “Rear yard” means an open space extending the full width of a lot and of a depth measured horizontally at right angles to the rear lot line.
Yard, Side. “Side yard” means an open space extending along the side line of a lot between the front yard and the rear yard and of a width measured horizontally at right angles to the side lot line. (Ord. dated 4/7/08 § 4 (part); prior code § 24-2)
Sections:
16.08.010 Creation
and membership.
16.08.020 Organization,
rules, officers, staff and finances.
16.08.030 Principal
powers and duties.
16.08.040 Miscellaneous
and provisions.
There is created a planning commission for this city, the official name of this commission to be “Covington planning commission.” The planning commission shall be composed of not less than five nor more than nine members, all of whom shall be appointed by the mayor and council. A majority of the members of the planning commission shall be persons who hold no other public office in the city; but the mayor and council may appoint, in addition to the regular members, ex-officio members who are in public office. Ex officio members of the commission who hold public office shall serve on the commission during the time they hold such public office. Regular members of the planning commission shall be residents of the city appointed for staggered terms of three years and shall serve without compensation. Any vacancy in the commission shall be filled for the unexpired term by the mayor and council. (Ord. dated 4/7/08 § 7; prior code § 24-3(A))
The planning commission shall elect one of its appointive members as chairman, who shall serve for one year or until he is reelected or his successor is elected. The planning commission shall elect another of its appointive members as vice chairman, who shall serve for one year or until he is reelected or his successor is elected. The planning commission shall appoint a secretary who may be an officer of the city or of the planning commission. The planning commission shall meet at least once each month at the call of the chairman, and at such other times as the chairman or commission may determine. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Subject to the approval of the mayor and council, the planning commission may appoint such employees and staff as it deems necessary for its work. The planning commission may cooperate with federal, state, or local, public or semi-public agencies, or private individuals, or corporations, in the performance of its duties. The planning commission may make expenditures for the purchase of required equipment and supplies; but all such expenditures shall be within the amounts appropriated for such purposes by the mayor and council. (Prior code § 24-3(B))
A. It shall be the duty and function of the planning commission to make careful and comprehensive surveys and studies of existing conditions and probable future developments, and to prepare such plans for physical, social and economic growth as will best promote the public health, safety, morals, convenience, prosperity and general welfare, as well as efficiency and economy, in the development and use of the property within the corporate limits of the city. In particular, the planning commission shall have the power and duty to:
1. Prepare and recommend to the mayor and council for adoption, zoning regulations and comprehensive zoning map showing existing streets and use districts, within the corporate limits of the city; and to recommend the adoption of such amendments thereto as it deems advisable from time to time.
2. Prepare, and recommend to the mayor and council for adoption, regulations for the subdivision of land within the corporate limits of the city; to administer the regulations that may be adopted; and to recommend the adoption of such amendments thereto as it deems advisable from time to time.
B. In addition, the planning commission shall have the power and may:
1. Prepare a comprehensive plan or parts thereof for the development of the property within the corporate limits of the city, and amend the same from time to time as it deems necessary.
2. Prepare, and recommend to the mayor and council for adoption, a plat or plats or an official map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces or public building sites, within the corporate limits of the city or a specified portion thereof, together with regulations to control the erection of buildings or other structures within such lines. (Prior code § 24-3(C))
The planning commission may make, publish and distribute maps, plans, reports and recommendations, relating to the planning and development of the property within the corporate limits of this city, to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend, to the mayor and council, programs for public improvements and the financing thereof. All municipal officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its members and employees, in the performance of its functions, may enter upon any land within its jurisdiction, make examinations and surveys, and place and maintain necessary monuments and markers thereon; provided, however, that the planning commission shall be liable for any injury or damage to property resulting therefrom. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote the planning of the property within its jurisdiction. (Prior code § 24-3(D))
Sections:
16.12.010 Creation
and membership.
16.12.020 Organization,
rules, officers.
16.12.030 Powers.
16.12.040 Procedure
for appeals.
16.12.050 Appeals
from decisions of the board of appeals.
* Editor’s Note: The
title of Chapter 16.12 was renamed by Ordinance dated 4/7/08, § 4.
There is created a board of appeals and adjustments (the “board”) for this city. The board shall consist of no fewer than five nor more than nine members, all of whom shall be residents of the city and appointed by the mayor and council. The members shall serve three-year staggered terms without compensation. Any vacancy in membership shall be filled for the unexpired term by appointment by the mayor and council. No member shall hold any other appointed or elected office in the city, except that one member may also be a member of the planning commission. (Ord. dated 4/7/08 §§ 4 (part), 6: prior code § 24-4(A))
The board of appeals shall elect one of its members as chairman, who shall serve for one year or until he is reelected or his successor is elected. The board of appeals shall appoint a secretary who may be an officer of the city or of the planning commission. The board shall adopt rules, consistent with the provisions of this chapter, for the transaction of its business. Members of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep accurate and complete minutes of its proceedings, showing the vote of each member upon each question, or if any member should be absent or fail to vote on any question, the minutes shall record such fact; and the board shall also keep records of its examinations and findings and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (Prior code § 24-4(B))
The board of appeals and adjustments shall have the following powers:
A. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official or by the planning commission in the enforcement of this title or Title 13 of this code.
B. To authorize, upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will, in an individual case, result in unnecessary hardship; so that the spirit of the provisions of this title shall be observed, public safety and welfare secure, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals:
1. That there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and
2. The application of the provisions of this title to this particular piece of property would create an unnecessary hardship; and
3. Such conditions are peculiar to the particular piece of property involved; and
4. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the provisions of this title; provided, however, that no variance may be granted for a use of land or a building or structure that is prohibited by this title except as provided in the next following paragraph.
C. To grant, upon petition in specific cases, temporary permits for a use of land or a building or a structure that would otherwise be prohibited by this title. Such permits shall not be granted except in those cases where unnecessary hardship would otherwise follow, and only then when the board of appeals determines that such use of the property in question would not injure the neighboring property. Such permits shall not be granted for a period of more than five years; but, upon petition at the expiration of any such permit, the board of appeals may, after a re-hearing of such matter in the manner as any new petition is heard, grant another such permit, when warranted by the circumstances. In this manner, the board of appeals may thus grant successive, temporary permits for the use of the same land, building or structure.
D. To hear and decide a special exception permit for a modular home within certain districts specified by the provisions of this title that is not permitted as a matter of right but may be permitted within these districts by the board of appeals after public hearing. (Ord. dated 4/7/08 § 4 (part); Ord. dated 10/5/04; prior code § 24-4(C))
A. Appeals to the board of appeals may be any person aggrieved, or by any officer, department, board, bureau or commission of the city affected, by any decision of any officer, department, board, bureau or commission acting under the provisions of this title. Such appeal shall be taken within ten (10) days after the decision complained of, by filing with the officer, department, board, bureau or commission from whom or which the appeal is taken, and with the board of appeals, a notice of appeal specifying the ground thereof. The officer, department, board, bureau or commission from whom or which the appeal is taken shall forthwith, within five days from the time such notice of appeal is received, transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken.
B. An appeal to the board of appeals shall stay all legal proceedings in furtherance of the action appealed from, unless the officer, department, board, bureau or commission from whom the appeal is taken certifies to the board of appeals, after notice of appeal shall have been filed with him or it, that by reason of facts stated in the certificate a stay would in his or its opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by the superior court of Newton County, Georgia, on application duly made, with written notice being given to the officer, department, board, bureau or commission from whom or which the appeal is taken, and on due cause shown.
C. The board of appeals shall fix a reasonable time for the hearing of any appeal or other matter referred to it, and give notice of the time and place of such hearing as follows:
1. Public notice shall be published in the official organ of the county not less than fifteen (15) days before the day of the hearing; and
2. Written notice shall be given by certified mail, return receipt requested, to the parties to the proceeding, and by first class mail to all other persons owning property within a three hundred (300) foot radius of the property in question, not less than fifteen (15) days before the day of the hearing. Upon the hearing, any interested person, including parties to the proceeding, may appear in person, or by agent, or by attorney. All appeals and other such matters referred to it shall be decided by the board of appeals not less than forty-five (45) days after the notice of appeal or other such matter is filed with the board.
D. The board of appeals, in the exercise of its powers of review, may in conformity with the provisions of this chapter reverse, modify, or affirm, in whole or in part, the order, requirement, decision or determination from which the appeal was taken; and it may make such order, requirement, decision or determination as should in its judgment be made, and to that end it shall have all powers of the officer, board, department, bureau or commission from whom or which the appeal was taken.
E. Every order, requirement, decision or determination of the board of appeals shall immediately be filed in the office of the city clerk and shall be a public record; and notice of the same shall be given by certified mail, return receipt requested, to the parties to the proceeding, and by first class mail to the property owners to whom notice of the hearing was given as provided by this chapter, not less than five days after such decision is made. (Prior code § 24-4(D))
Any person or persons aggrieved, or any officer, department, board, bureau or commission affected by any decision of the board of appeals and adjustments, may jointly or severally appeal to the superior court of Newton County, Georgia. Any such appeal shall be filed within thirty (30) days after the date of the decision complained of, and upon failure to file the same within the time provided, the decision of the board of appeals shall be final.
Any such appeal shall be entered by filing the same with the chairman of the board of appeals, or in his absence, with the city clerk. It shall then be the duty of the chairman of the board of appeals, or in his absence the city clerk, to transmit the appeal, and all other papers filed with the board of either party to the proceeding, to the clerk of the superior court, at least ten (10) days before the next term of the superior court, to be there tried as provided by Section 69-1211.1 of the Code of Georgia of 1933, as amended.
Within three days after such appeal is filed, the chairman of the board of appeals, or in his absence, the city clerk, shall give notice of such appeal by certified mail, return receipt requested, to all parties to the proceeding and by first class mail to all property owners to whom notice of the proceedings before the board of appeals was given as provided by Section 16.12.040 of this chapter.
Any such appeal to the superior court of Newton County, shall automatically stay all legal proceedings in furtherance of the action appealed from; provided, however, that any party to the appeal may on application to the superior court request that such stay be removed. The superior court may thereupon, after notice to all parties to the proceeding and to all owners of property within a radius of three hundred (300) feet of the property in question, and after a hearing on the matter and for good cause shown, grant the removal of such stay on such terms and conditions as the court deems necessary to best meet the demands of justice to all parties at interest. (Ord. dated 4/7/08 § 4 (part); prior code § 24-4(E))
Sections:
16.16.010 Short
title.
16.16.020 Purpose.
16.16.030 Definitions.
16.16.040 Administration.
16.16.050 Violation
and penalty.
16.16.060 Amendments.
These regulations shall be known as “the subdivision regulations of Covington, Georgia.” (Prior code § 24-5)
These rules and regulations are intended to serve the following purposes, among others:
To protect and promote the health, safety, morals, and general welfare of the residents.
To encourage economically sound and stable land development.
To assure the provision of required streets, utilities, and other facilities and services to new land developments in conformance with public improvement plans of the city.
To assure the adequate provisions of safe and convenient traffic access and circulation, both vehicular and pedestrian, in new land developments.
To assure the provision of needed public open spaces and building sites in new land developments through the dedication or reservation of land for recreational, and other public purposes.
To assure equitable handling of all subdivision plats by providing uniform procedures and standards for observation both by the subdivider and the planning commission. (Prior code § 24-5.1)
The following definitions are intended to be complementary to Section 16.04.020 of this title and shall be applicable to the subdivision regulations set forth in this chapter. As applied to such regulations, in the event of a conflict between a definition in this section and a definition in Section 16.04.020, the definition in this section shall prevail.
Except as specifically defined herein, all words used in these regulations have their customary dictionary definition. Words in the present tense include the future; words in the singular include the plural number, and words in the plural include the singular; the word “building” includes the word “structure”; the word “shall” is mandatory and not directory. The word “may” is permissive. Certain words in these regulations are defined for the purpose hereof, as follows:
“Alley or service drive” means a minor, permanent, public serviceway which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
“Block” means a piece or parcel of land entirely surrounded by public streets, other than alleys or other major physical barriers.
“Building setback line” means a line across a lot establishing the minimum yard to be provided between the building and the street property line. “Crosswalk” means a right-of-way within a block dedicated to public use, ten (10) feet or more in width, intended primarily for pedestrians and from which motor propelled vehicles are excluded.
“Easement” means a grant by a property owner of the right to the use of a portion of such owner’s property by the grantee for specified purposes.
“Final plat” means a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.
“Flood plain” means that area within the intermediate regional flood contour elevations subject to periodic flooding as designated by the county engineer based upon the U.S. Corps of Engineer’s flood plain information reports and other federal, state, county, or city hydraulic studies.
“Health department” means the Newton County health department and the commissioner of health of Newton County, Georgia, or his authorized representative.
Lot, Double Frontage. “Double frontage lot” means a lot, other than a corner lot, abutting upon two or more streets.
“Master plan” means a comprehensive plan, which may consist of several maps, recommendations, guides for implementation, and other descriptive matter, or physical development of the city or any portion thereof, including any amendments, extensions, or additions thereto recommended by the planning commission, indicating the general location for major streets, parks or other public utilities, zoning districts, or other similar information.
Plat, Preliminary. “Preliminary plat” means a drawing which shows the proposed layout of a subdivision in sufficient detail, although not completely computed, to indicate unquestionably its workability, but is not in final form for recording. An approved community unit plan may be considered a preliminary plat if it is processed under the terms of these regulations concurrent with its processing under the terms of the zoning ordinance.
Street Categories. Following are definitions intended to distinguish between different categories of streets:
1. “Freeways” are high-capacity streets from which access to abutting property is prohibited, and which are intersected at specific locations by major and collector streets.
2. “Major thoroughfares” are those which are used primarily for fast or heavy traffic. The term shall include all street designations shown on the major thoroughfare plan for the city.
3. “Arterial and collector streets” are those which carry traffic from minor streets to the system of major streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
a. “Arterial streets” are intended generally, but not exclusively, to provide service through industrial, commercial, and high density multiple-family complexes.
b. “Collector streets” are intended generally, but not exclusively, to provide service through residential areas, including low density multiple-family complexes.
c. “Minor streets,” including loop streets and cul-de-sacs, are those which are used primarily for access to the abutting properties and which are not over one thousand (1,000) feet long.
d. “Subdivision streets” are generally intended to provide service to the abutting properties and to provide access to collector streets.
“Subdivider” means any person, individual, firm, partnership, association, corporation, estate, or trust, or any group of or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including any agency of the subdivider.
“Subdivision” means any division or redivision of a lot, tract, or parcel of land, regardless of its prospective use. Said subdivision may be accomplished by platting or by description by metes and bounds or otherwise, into two or more lots or other divisions for sale or improvement. The term “subdivision” as used herein shall mean the act of subdivision and shall not be construed in a literal or restricted sense. However, where appropriate to the context, the term “subdivision” means the aggregate of all parcels held by one owner or combination of owners and designated to be developed or sold as parcels related to each other or interdependent through the use of streets, easements, or other right-of-way or public facility. The following properties, however, shall not, for the purpose of this chapter, be deemed subdivisions:
1. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are in accord with rules and regulations contained herein and with the zoning ordinance, as amended.
2. Division of land into parcels having five or more acres where no new street; a change in an existing street; or the extension of water, sewer, or gas lines is involved.
3. Division of land into two or fewer lots, provided:
a. Each lot abuts an existing public street, and is in accord with the rules and regulations contained herein and with the zoning ordinance, as amended.
b. No alteration of existing utility installations is involved.
c. That the planning commission is notified of such division of land through a plat and executes a formal release of the property for recording and development purposes.
4. Division or sale of land by judicial decree. (Ord. dated 10/1/01 § 32; prior code § 24-5.2)
A. These rules and regulations shall be administered by the planning commission.
B. The planning commission may from time to time issue instructions and operating procedures to be followed in the administration of these regulations to the end that the public may be informed and that approval of plats may be expedited.
C. The planning commission shall be the official platting authority. (Prior code § 24-5.3)