A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY, GEORGIA TO ENACT A MORATORIUM ON APPLICATIONS, DEVELOPMENT PLANS OR APPROVALS PERTAINING TO OFF-STREET PARKING IN BUTTS COUNTY FOR A PERIOD OF ONE-HUNDRED EIGHTY (180) DAYS; TO ESTABLISH A PUBLIC PURPOSE TO BE SERVED BY THE MORATORIUM; TO REPEAL INCONSISTENT PROVISIONS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Butts County (“County”) and its Board of Commissioners (“Commission”) have been vested with substantial powers, rights and functions to generally regulate the practice, conduct or use of property for the purposes of maintaining health, morals, safety, security, peace, and the general welfare of the County;
WHEREAS, Georgia law recognizes that local governments may impose moratoria on land uses, zoning decisions, building permits, and other development approvals where exigent circumstances warrant to the same, pursuant to case law including, but not limited to, City of Roswell v. Outdoor Systems, Inc., 274 Ga. 130 (2001); DeKalb County v. Townsend, 243 Ga. 80 (1979); Lawson v. Macon, 214 Ga. 278 (1958); Taylor v. Shetzen, 212 Ga. 101 (1955);
WHEREAS, the Commission is, and has been interested in developing a cohesive and coherent policy regarding off-street parking and vehicular storage in the County, and has intended to promote such development so that it addresses concerns with public safety, aesthetics, storm water run-off, and other traditional police power goals of health, morals, and the general welfare of the community; and
WHEREAS, it is the belief of the Commission that the concept of “public welfare” is broad and inclusive and includes, but is not limited to, the valid public objectives of aesthetics, conservation, preservation of the value of existing lands and buildings within the County, making the most appropriate use of resources, ensuring consistency and compatibility in land uses, preserving existing land use characteristics, enhancing and protecting the economic well-being of the community, and facilitating adequate provision of public services.
NOW THEREFORE be it RESOLVED by the Commission the following Sections of this Moratorium.
The preamble of this Resolution shall be considered to be and is hereby incorporated by reference as if fully set out herein.
A. The Commission does hereby enact a moratorium for one-hundred eighty (180) days from 5:30 PM on April 21, 2021 to bar the acceptance of applications for or review of development plans, preliminary plats and final plats on new off-street parking lots or facilities whether or not associated with a primary structure or use. During this 180-day moratorium period, no applications for permits or approvals of any kind shall be accepted by the County or any of its Departments for any off-street parking or land use dependent on off-street parking within the County. Any such applications tendered and/or submitted to the County or any of its Departments during this moratorium period shall not be accepted, considered, nor acted upon by the County, any of its Departments, employees or consultants. Any application so accepted for filing will be deemed in error, null and void and of no effect whatsoever and shall constitute no assurance whatsoever of any right to engage in any act, and any action in reliance on any such permit or approval shall be unreasonable.
B. The duration of this moratorium shall be until the County adopts revisions to its zoning or development codes regulating off-street parking or until the expiration of one hundred eighty (180) days from the date of adoption of this Resolution, whichever first occurs; or until such time as may be later set by the Commission.
C. This moratorium shall have no effect upon approvals of permits previously issued prior to the effective date of this Resolution. Notwithstanding the foregoing sentence, the Commission recognizes that, unbeknownst to the County, de facto vesting may have occurred in some instances. Accordingly, the following procedure is established to provide consideration of an exemption request from this moratorium where a claim of legal vesting is made:
i. A written application shall be submitted to the County Community Development Director (“Director”), with verified supporting data, documents and facts which the Applicant feels supports a claim of legal vesting. Such information will be reviewed by the Director for a recommendation to the Commission which shall approved/denied within sixty (60) days of submission in a public meeting. During this 60-day timeframe, the Director may request additional facts and data to further the review process.
ii. Should the Applicant fail to provide requested information or otherwise fail to cooperate during the review process, the exemption request will be denied. If the information provided fails to support a claim of legally vested rights, the exemption request will be denied.
iii. Any exemption granted by the Commission shall merely grant the Applicant the right to have County staff accept and process the underlying application in accordance with all existing County and State laws.
A. It is hereby declared to be the intention of the Commission that all sections, paragraphs, sentences, clauses and phrases of this Resolution are or were, upon their enactment, believed by the Commission to be fully valid, enforceable and constitutional.
B. It is hereby declared to be the intention of the Commission that, to the greatest extent allowed by law, each and every sections, paragraph, sentence, or clause of this Resolution is severable from every other section, paragraph, sentence, clause, or phrase of this Resolution. It is hereby further declared to be the intention of the Commission that to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Resolution is mutually dependent upon any other section, paragraph, section, clause or phrase of this Resolution.
C. In the event that any phrase, clause, sentence, paragraph or section of this Resolution shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Commission that such invalidity, unconstitutionally or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Resolution shall remain valid, constitutional, enforceable, and of full force and effect.
This Resolution shall be effective immediately upon its adoption.
BE IT FURTHER RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and to authorize the Clerk of Butts County to attest all signatures and to make this Resolution a part of the Book of Resolutions, Volume 1
/s/ Chairman Joe Brown
J. Michael Brewer, Deputy County Manager
Sitting as Clerk of the 123rd Session
Butts County Georgia
Author: Welch, Andrew