By Mark d’Agostino
You’ve probably heard of the “UDO”, which stands for Unified Development Ordinance. Since its enactment, it’s gotten a lot of attention, not all of it good. This article is to provide an overview of Monroe County’s Unified Development Ordinance (UDO) which governs zoning and land use within the county’s unincorporated areas.
The UDO has 3 main roles:
a) consolidates regulations by combining multiple development-related codes into one comprehensive document.
b) governs land use by setting the standards and regulations for how land can be used and developed in Monroe County’s unincorporated areas.
c) supports development by promoting new development of high-quality buildings, public spaces and preserving existing structures.
Background
The UDO was introduced with public working meetings and hearings in 2022. At the time, a document called, “Muni code was the county-wide code. While originally intended to go live in 2022, it was adopted in Sept 2023.
The Monroe County Commissioners approved the 300+ page UDO (drafted by Cartersville-based attorney Brandon Bowen) by a 3-2 vote just over a week after the Monroe County Planning & Zoning Board approved it by a 3-0 vote. At the time, the MCBOC acknowledged that the UDO “won’t be perfect and will likely require some tweaks in the coming years”.
One rationale was the proliferating use of “illegal” RV’s as homesteads. District 3 Commissioner John Ambrose said many more recreational vehicles (RVs) being used as residences illegally under the old ordinance have appeared around Monroe County over the last two years as Commissioners have worked on the updated ordinance. However, Commissioner Ambrose said there are still items included in the new UDO that he would like to see changed in the future, including more clearly differentiating between requirements for manufactured and mobile homes, and eliminating some of the landscape and buffer requirements.
As a rationale for the UDO, Commissioner Rowland said Henry County is a prime example of a county that lost control of growth because they didn’t have laws in place to prevent outside developers from shaping the county how they wanted, instead of how longtime citizens wanted.
Mission of the UDO
According to the UDO document, the purpose and intent of the UDO include:
1. Lessen congestion in the streets, assure the provision of required streets, utilities, and other facitlities and services
2. Avoid undue concentration of population and prevent urban sprawl
3. Promote desirable living conditions and the sustained stability of neighborhoods, protecting against blight and depreciation
4. Encourage the most appropriate use of land, buildings, structures, and economically sustainable development
5. Assure that land is developed in conformity with the Monroe County Comprehensive Plan.
The extent to which this set of ordinances achieves these goals is not currently measured.
How The UDO works with the Comprehensive Plan and The Planning and Future Use Map
The Monroe County Comprehensive Plan is the official development policy and implementation guide for the County to coordinate and direct physical and economic development, related public investment, and to provide reasonable regulations for the development of private property in the interest of public health, safety, and welfare.
This UDO is designed to implement all provisions of that Plan for the development and use of land. It is intended that the Comprehensive Plan should guide decision making under this UDO, but ultimately the power to zone and regulate uses shall be in the board of commissioners. No decision shall be invalid simply because it does not strictly follow the Comprehensive Plan.
The map entitled, “The Official Zoning Map of Monroe County, Georgia,” indicates the locations of zoning district boundaries in Monroe County. The UDO specifies USES within those zones.
Components of the UDO
1. General Provisions: This specifies provisions such as applicability, purpose and intent, relationship to the Comprehensive Plan, rules of interpretation and definitions. These definitions provide clarity and enable objective application of the zoning codes.
2. Zoning Districts and Uses: Probably the most used and scrutinized part of the UDO, this chapter specifies zoning districts (agricultural, residential, commercial, etc.) along with the permitted uses for each of these zoning district types.
3. Protection of Natural Features and Resources: These provisions are intended to protect the natural features and natural resources within Monroe County and to implement policies in the Comprehensive Plan. (Features include floodplain, water supply watersheds, groundwater recharge areas, riparian buffer zone, wetlands, and aquifer recharge areas.)
4. Site Design Standards: This provides design standards applicable to all development activity within the County, including subdivisions, manufactured housing communities, as well as landscaping, buffers and tree protection.
5. Standards For Accessory and Temporary Uses: This applies to uses that are typically home occupations (and related buildings and signs) which are considered “accessory uses” to residents.
6. Infrastructure and Improvements: This establishes standards and requirements for the provision of infrastructure by all developments. This includes roads and utilities, etc.
7. Reserved for future content
8. Administrative Officials and Boards: This documents powers and authorities along with methods and procedures for Administrative Officials, the Planning and Zoning Board, and the Board of Commissions.
9. Nonconformities and Variances: Preexisting nonconforming uses are allowed to continue under special conditions so as not to cause undue economic hardship on owners. This section documents the power to authorize these.
Standards for the Exercise of Zoning Powers
The following factors shall be the standards for the exercise of the zoning powers and should be considered when making any zoning decision, including the rezoning of property or the issuance of a special use permit:
1. The existing uses and zoning of nearby property.
2. The suitability of the property for the zoned purpose.
3. The length of time the property has been vacant.
4. The threat to the public health, safety, and welfare if rezoned.
5. The extent to which the value of the property is diminished by the present zoning.
6. The balance between the hardship on the property owner and the benefit to the public in not rezoning.
7. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; provided, however, evidence that the economic value of the property as currently zoned is less than its economic value if rezoned as requested will not alone constitute a significant detriment.
8. The aesthetic effect of existing and future use of the property as it relates to the surrounding area.
9. The impact on the environment including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality and quantity.
In making a zoning decision, the board of commissioners may also consider whether the proposed development will:
1. Have an adverse effect on the insurance rating of the County, or any substantial portion of the County, issued by the Insurance Service Office or a similar rating agency.
2. Overtax the public utilities and streets presently existing to serve the site.
3. Create an isolated district unrelated to adjacent and nearby districts.
4. Unduly increase or over-tax the load on public facilities including, but not limited to, schools, utilities, and streets.
5. Unduly increase the cost to the County and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures.
Conclusion
The UDO provides a one-stop-shop for planning and zoning rules and regs. It’s big, but the definitions are critical so that the County doesn’t waste a lot of time, for instance, in debating what a “pole barn is”.
The zoning and permitted use table is critical in making sure the decisions made follow the comprehensive plan and future use map. Discipline in utilizing and interpreting (strictly) these uses is an imperative responsibility of the BOC.
Finally, the standards for the exercise of power is the rule book the BOC must follow and comply with in their decisions, otherwise the County may be subject to accusations of favoritism and lawsuits. It is to these that your elected officials should be held accountable.
