§ 58-245. Eligibility.

Landowners or representatives with the authority to transfer fee simple ownership of any parcel in the Chattahoochee Hill Country (except as noted below) may apply for a transfer of development rights certificate. Parcels not eligible are as follows:

(1)

Any parcel from which all development rights have previously been sold or transferred;

(2)

Any parcel on which a conservation easement (legally binding agreement between a property owner and a governmental body or charitable organization qualified under O.C.G.A. § 44-10-2(2) that restricts the type and amount of development and use that may take place on a property) or other permanent deed restriction has been previously granted;

(3)

Any parcel fully developed based on its existing zoning;

(4)

Any parcel or portion of a parcel that has been designated as open space (land on which no additional development associated with residential, industrial or commercial purposes is allowed, except in compliance with this division and other Fulton County Zoning and Planning Regulations) in a hamlet or conservation subdivision;

(5)

Any publicly owned parcel; and

(6)

Any land within riparian buffers mandated by state or local law.

(Ord. No. 03-0492, 4-2-03)