Monroe County Commissioners approved by a 3-2 vote on Tuesday, Sept. 5 to adopt a new Unified Development Ordinance (UDO) that has been in the works for more than two years.
The move came just over a week after the Monroe County Planning & Zoning Board approved the UDO by a 3-0 vote on Aug. 28 after spending 90 days recommending changes to the 312-page document.
Cartersville-based attorney Brandon Bowen, who drafted the UDO, said there were only two new additions to the document since the Aug. 28 P&Z approval. One was the addition of a provision requiring local and state permits for the housing of exotic animals and the second was an extension of the buffer required for industrial development along state waters from 25 feet (as required by the state) to 50 feet.
District 4 Commissioner George Emami said the UDO won’t be perfect and will likely require some tweaks in the coming years, but he said it’s a document that better represents what Monroe County citizens want their county to look like than the county’s old ordinance did.
As evidence of the good intentions behind the UDO, Emami cited the purpose and intent of the document as stated on Page 3: “1. Lessen congestion in the streets; 2. Secure safety from fire, panic, and other dangers; 3. Promote health and the general welfare; 4. Provide adequate light and air; 5. Prevent the overcrowding of land; 6. Avoid undue concentration of population; 7. Prevent urban sprawl; 8. Assure the provision of required streets, utilities, and other facilities and services; 9. Assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian; 10. Assure the provision of space for recreational, educational, and other public purposes; 11. Promote desirable living conditions and the sustained stability of neighborhoods; 12. Protect against blight and depreciation; 13. Secure economy in governmental expenditures; 14. Conserve the value of buildings; 15. Encourage the most appropriate use of land, buildings, and structures; 16. Promote economically sustainable development; and 17. Assure that land is developed in conformity with the Monroe County Comprehensive Plan.”
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. Several he cited on Tuesday included: extending the hours of operations for outdoor shooting ranges, more clearly differentiating between requirements for manufactured and mobile homes, and eliminating some of the landscape and buffer requirements.
“But other than that, I like the UDO,” Commissioner Ambrose said to laughs after voicing his criticisms.
District 2 Commissioner Eddie Rowland said it wasn’t feasible for Monroe County to eliminate RVs as residences altogether as its surrounding counties have done because so many RVs are already being used as homes illegally without penalty. However, he said the UDO will put enforceable laws on RVs and will make many RV dwellers consider whether they want to continue living in one knowing that they will be paying an annual fee to do so. 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.
Commissioner Rowland said, “This UDO is not designed to tell you (Monroe County citizens) what or what not to do. We know how to take care of our land. We know how to take care of our streams. We know that we love our country roads. But to the people that are coming in, we’ve got to tell them this is how we want it (Monroe County) to be.”
District 1 Commissioner Lamarcus Davis questioned why Commissioners couldn’t just add sections to the county’s old ordinance without adopting the new UDO, saying that Commissioners will constantly be revising the new document.
Commissioner Emami countered by saying Commissioners and P&Z Board members have already worked over two years tailoring the UDO to the needs of Monroe County and said it would take months or years more work to update the county’s old ordinance.
No citizens spoke during Tuesday’s public hearing regarding the UDO.
After about 45 minutes of discussion, Commissioner Emami motioned to approve the adoption of the new UDO including all recommended changes by the Monroe County Planning & Zoning Board. Commissioner Emami’s motion was then seconded by Commissioner Rowland and approved 3-2. Commission Chairman Greg Tapley and Commissioner Davis voted in opposition of the UDO.
In addition, Commissioners unanimously approved to adopt a recreational vehicle (RV) fee of $1,000 to be paid annually by RV residents in lieu of traditional property taxes paid on stick-built homes.
Commissioner Emami immediately motioned to approve the adoption of an RV fee of $1,000 per year, which was seconded by Commissioner Ambrose and approved 5-0.
Lastly, Commissioners unanimously approved to adopt an Adult Entertainment Ordinance, which sets guidelines and restrictions upon the establishment of adult entertainment facilities.
Bowen, who also drafted the Adult Entertainment Ordinance, said the U.S. Supreme Court has deemed it unlawful for a county to ban all adult entertainment facilities. He said it is instead appropriate to adopt an Adult Entertainment Ordinance, a separate document that will accompany the UDO, to regulate these establishments.
Commissioner Ambrose immediately motioned to approve the adoption of the Adult Entertainment Ordinance, which was seconded by Commissioner Rowland and approved 5-0.
To view the new UDO, click on the following link: Monroe UDO 09-05-23 (003)
