ORDINANCE NO. CR202323

BUTTS COUNTY, GEORGIA

AN ORDINANCE TO CONSIDER THE REQUEST FOR A SPECIAL USE FOR THE PURPOSE OF A KENNEL FOR PROPERTY LOCATED AT 325 OAK ROAD, JENKINSBURG, GEORGIA 30234 (TAX PARCEL ID NUMBER 00160-025-B00) IN LAND LOT 176 OF THE 1st DISTRICT.

WHEREAS, Rebecca Ramsey (hereinafter “Applicant”) requests a special use for the purpose of a kennel for property totaling approximately 22.95 acres located at 325 Oak Road, Jenkinsburg, Georgia 30234 (Tax Parcel ID number 00160-025-B00) in Land Lot 176 of the 1st Land District; and

WHEREAS, the Applicant requests that the Board of Commissioners permit a special use for a kennel; and

WHEREAS, the Planning and Zoning Department has reviewed and considered the Applicant’s request and the report of the Department is included as Exhibit “A”; and

WHEREAS, notice of this matter (attached hereto and incorporated herein as Exhibit “B”) has been provided in accordance with applicable state law and local ordinances; and

WHEREAS, said request has been reviewed by the Planning and Zoning Commission during a hearing held on May 11, 2023; and

WHEREAS, the Board of Commissioners has held a duly noticed public hearing on May 22, 2023 and has considered the Department’s report and the Applicant’s submitted information in light of those criteria for a special use under applicable County codes; and

NOW THEREFORE THE BOARD OF COMMISSIONERS OF BUTTS COUNTY HEREBY ORDAINS:

SECTION 1

( ) The Applicant’s request for a special use for a kennel as described in the preamble, which
is incorporated herein, is hereby APPROVED.

( ) The Applicant’s request for a special use for a kennel as described in the preamble, which
is incorporated herein, is hereby DENIED.

SECTION 2

That the special use for the above-described Property is subject to:

( ) The conditions set forth on Exhibit “C” attached hereto and incorporated herein by
reference.

( ) There are no conditions.

SECTION 3

If approved, the special use of the Property shall be effective immediately.

SECTION 4

A. Severability Clause: It is the express intention of the Board of Commissioners that each independent provision of this amendment should be adopted, and the Board of Commissioners would have adopted each such independent provision even if the others had not been adopted. Therefore, in the event that a court of competent jurisdiction finds any provision of this amendment or the UDO to be unlawful, invalid, or unenforceable, it is the intent of the Board of Commissioners that the offending provision be severed, and all lawful provisions remain in force.

B. Penalty Clause: Unless another penalty is expressly provided, every person convicted of a violation of this ordinance shall be punished by a fine not to exceed $1,000.00, imprisonment not to exceed 180 days, or both such fine and imprisonment.

C. General Repealer: Any ordinance not expressly addressed by this ordinance that is inconsistent with the provisions herein is expressly repealed to the extent that it conflicts with the provisions of this amending ordinance.

D. Effective Date: The public welfare demanding, this ordinance shall be effective immediately after its adoption.

SO ORDAINED by the Board of Commissioners this 22nd day of May, 2023.

BUTTS COUNTY, GEORGIA

____________________________________
Keith Douglas, Chairman
ATTEST:

Michael Brewer, Deputy County Manager,
sitting as County Clerk
Exhibit “A”
Department Report
 
Exhibit “B”
Public Notices (Newspaper publication and sign, if required)
 
Exhibit “C”
Conditions