These regulations shall be known and may be cited as the "Acworth zoning chapter," "zoning chapter," "Zoning Code," "Code," or "Ordinance."

(Ord. No. 2024-03, § 1, 2-1-2024)

The zoning chapter is enacted pursuant to the authority conferred by Article 9, Section II, Paragraph IV of the Constitution of the State of Georgia, 1983, the Charter of the City, and O.C.G.A. § 36-66-1 et seq., "The Zoning Procedures Law," and other federal, state and local authority applicable hereto and subsequently amended.

(Ord. No. 2024-03, § 1, 2-1-2024)

These regulations shall apply to all present and future land development, buildings, structures, or uses located within the incorporated area of Acworth, Georgia. The requirements contained herein are declared to be minimum requirements necessary to carry out the purpose of this article. This article shall regulate the height, number of stories, and the size of buildings and other structures; the percentage of lot that may be occupied; the size of yard and other open spaces; the density and distribution of population; the location and use of buildings and other structures: and the use, condition of use or occupancy of land and trade, industry, housing, recreation, transportation, agriculture or for any other purpose; creating districts for said purposes and establishing the boundaries thereof; defining certain terms used herein; providing for the method of administration, enforcement and amendment; providing penalties and resolutions and for other purposes.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Promote orderly growth and development based on physical, social, and economic needs, environmental considerations, and public facilities and services.

(b)

Provide for the development of adequate commercial facilities on both citywide and neighborhood levels while retaining existing facilities.

(c)

To achieve such timing, density, and distribution of land development and use as will prevent overloading public infrastructure systems for providing water supply, sewage disposal, drainage, sanitation, police and fire protection, and other public services.

(d)

Promote a diversified housing market.

(e)

Encourage, promote, and facilitate high quality design, construction, and landscape measures for new developments in a variety of ways, including flexible zoning and development regulations, coherent development standards, and innovative planning ideas.

(f)

Establish appropriate planning procedures and innovative planning tools to guide growth and development.

(g)

To encourage such distribution of population, land development, and use as will facilitate the efficient and adequate provision of public services and facilities.

(h)

Provide a diverse mix of residential types to serve the varying housing needs of Acworth's existing and future population. To achieve such density, design, and distribution of housing as will protect and enhance residential property values and facilitate the provision of adequate housing for every citizen.

(i)

Increase the viability of businesses in downtown Acworth.

(j)

Promote innovative, environmentally sensitive design and development.

(k)

To prevent flooding of improved property.

(l)

Promote balanced growth and diversity in residential development, business, and industry.

(m)

Continue to address the issues of pollution and its effect on natural resources (i.e., water, air, noise, visual, ground).

(n)

Retain existing offices and professional businesses and provide for the development of suitable areas for business and professional offices.

(o)

Retain existing compatible industry and preserve adequate land, services, and facilities for expansion and growth of light, clean industrial activities.

(p)

Maximize the attractive character of Acworth by establishing aesthetically pleasing gateways and corridors into the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

It is hereby declared to be the intention of the mayor and board of aldermen that the sections, paragraphs, sentences, clauses, and phrases of this article are severable, and if any phrase, clause,sentence, paragraph, or section of this article be declared unconstitutional or invalid, it shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter.

(Ord. No. 2024-03, § 1, 2-1-2024)

This article shall be effective immediately upon its adoption by the mayor and board of aldermen.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

This is the zoning chapter of the City of Acworth, and all other conflicting ordinances or resolutions are hereby repealed; provided, that nothing herein shall be construed as repealing or modifying the conditions of operation or conditions of site development accompanying those zoning approvals or use permits issued under previous zoning chapters or resolutions; however, modification or repeal of these past conditions of approval may be accomplished as provided by this chapter.

(b)

All variances and exceptions heretofore granted shall remain in full force and effect and all terms, conditions and obligations imposed shall remain in full force and effect and be binding. Prior ordinances shall remain in effect insofar as required for the initiation of any proceedings against violations thereof and for the prosecution of any violations heretofore commenced.

(c)

Notwithstanding anything contained herein and notwithstanding any zoning classification change, all previous special stipulations, conditions, restrictions, agreements, and terms contained in prior zoning chapters shall remain in full force and effect and shall not be amended by this document and shall carry forward to any new zoning classification and shall be binding upon said property. Prior ordinances shall remain in effect and shall remain as such special stipulations, conditions, restrictions, agreements, and terms, even though the zoning category itself may be changed hereunder.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Purpose. The purpose of this section shall be to establish the procedures for handling vested rights for application submittals and previous approvals that existed as of the Effective Date of this zoning chapter or any future amendments thereto.

(b)

Effect of this chapter on Zoning Applications Submitted and Approved Requests

(1)

Applications Submitted. Any activity for which a valid and complete zoning application authorized by this chapter has been received prior to the adoption of this chapter, may at the applicant's option proceed to completion of the zoning application. Complete shall mean that all information required by the particular application has been provided and that all applicable fees have been remitted.

(2)

Approved Zoning Applications. Any development or project for which a zoning application has been approved under this provision may proceed to completion of the applicable permitting processes as provided herein, at the applicant's option.

(c)

Effect of this chapter on Permit Applications Submitted and Prior Approvals.

(1)

Applications Submitted. Any development or building activity for which a valid and complete application for a Land Disturbance Permit or Building Permit has been received prior to the adoption of this chapter may, at the applicant's option, proceed to completion, and building permits, occupational tax certificates, and business licenses may be issued as though this chapter had not been adopted, provided that the Land Disturbance Permit or Building Permit is issued within 180 calendar days of the Effective Date. Complete shall mean that all information required by the particular application has been provided and that all applicable fees have been remitted.

(2)

Approved Plans, Permits, and other Authorizations. Any development or building activity for which a Land Disturbance Permit or Building Permit has been issued prior to the adoption of this chapter may, at the applicant's option, proceed to completion, and permits may be issued as though the Ordinance had not been adopted.

(3)

Effect upon Validity of Development Plans and Building Permits. The adoption of this chapter shall not be construed to affect the validity of any permit lawfully issued prior to the Effective date of this chapter, so long as:

a.

Such permit has not by its own terms expired prior to such Effective Date;

b.

Actual building or land development construction is commenced prior to the expiration of such permit;

c.

Actual building or land development construction is carried on pursuant to said permit and limited to an in strict accordance with said permit; and

d.

Any future change in the use of the property or any structure thereon shall conform with the most recent version of this chapter.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

In their interpretation and application, the provisions of this zoning chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of any other ordinance or statute require more restrictive standards than those of this zoning chapter, the provisions of such standards shall govern, unless provided otherwise.

(b)

Whenever the provisions of this zoning chapter impose standards that are more restrictive than are required in or under any other statute, ordinance or resolution, these standards shall prevail, unless otherwise specified in this zoning chapter.

(c)

When a condition of approval is more restrictive than the zoning chapter, the condition of approval shall prevail. When a requirement of the zoning chapter is more restrictive than a previously established condition of approval, the requirements of the zoning chapter shall prevail.

(d)

Private agreements and covenants.

(1)

This zoning chapter is not intended to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the provisions of this zoning chapter impose a greater restriction than imposed by a private agreement or covenant, the provisions of this zoning chapter control.

(2)

Private restrictive covenants to which the city is not a party are not regulated by or enforced by the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

The provisions of this chapter shall be administered and enforced by the Development Director, who is given the authority to perform these functions. The Development Director's duties as the Zoning Official shall include receiving applications, inspecting premises, issuing building permits and certificates of occupancy for uses and structures that meet the requirements of this chapter, and other duties that are authorized by the mayor and board. Duties may be delegated as outlined in section 73-11 Delegation of Authority.

(Ord. No. 2024-03, § 1, 2-1-2024)

The head of an agency or department or other officer referenced in this chapters may authorize subordinates to perform any action or duty which such officer is authorized to perform under this chapter. Likewise, when a position is authorized to perform certain duties and decisions pursuant to this chapter, the city manager or their designee shall be responsible for absorbing said duties during periods of vacancies in those positions.

(Ord. No. 2024-03, § 1, 2-1-2024)

The review and approval procedures of this zoning chapter are intended to comply with the provisions of the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., which is incorporated herein by reference in its entirety. If any provision of this zoning chapter is in conflict with any provision of the Zoning Procedures Law or if this zoning chapter fails to incorporate a provision required for the implementation of the Zoning Procedures Law, the Zoning Procedures Law controls. This does not apply to procedures that are more restrictive than those established by the Georgia Zoning Procedures Law.

(Ord. No. 2024-03, § 1, 2-1-2024)