This document is "The Unified Development Code of the City of Chattahoochee Hills, Georgia," and is referred to or cited throughout the document as "this UDC."

(Ord. No. 21-10-228, § 1, 10-5-2021)

This UDC is enacted pursuant to the city's authority of the Constitution of the State of Georgia and by laws enacted pursuant to the Constitution.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

This UDC is crafted as a series of articles.

B.

Articles I—VII, are intended to constitute a zoning ordinance within the meaning of O.C.G.A. § 36-66-1, et seq. Changes to the text of these articles, as well as official zoning map amendments and other zoning actions addressed in those articles, require compliance with the amendment procedures provided in section 3-3 and in said state statute.

C.

The remaining articles are not intended to constitute a zoning ordinance and may be amended using the city's general procedures for ordinance amendments, except as otherwise provided in this UDC.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The city council enacts into law this UDC for the following purposes:

1.

Promote the health, safety, and general welfare of the present and future inhabitants of the city;

2.

Improve community appearance;

3.

Secure safety from fire, panic and other dangers;

4.

Facilitate the adequate provision of transportation, water, schools, parks and other public requirements;

5.

Further traffic safety;

6.

Facilitate safe, attractive, and convenient pedestrian circulation and minimize conflicts between pedestrians and vehicles;

7.

Protect property against blight and depreciation;

8.

Secure economy in government expenditures;

9.

Provide retail, service, and employment opportunities to the residents of the city and the surrounding communities;

10.

Provide opportunities for economic development;

11.

Avoid urban sprawl;

12.

Maintain rural character while encouraging sustainable development;

13.

Encourage the most appropriate use of land, buildings and other structures throughout the city;

14.

Promote the orderly, planned, efficient, and economic development of the city and guide future growth in accordance with the comprehensive plan;

15.

Provide adequate open space, light, and air; preventing the overcrowding of land;

16.

Provide access to nature and opportunities to experience nature;

17.

Prevent the pollution of air, land, streams, and ponds; encourage the wise use and management of natural resources throughout the city; and preserve the topography and beauty of the community and the overall value of land;

18.

Ensure the proper provision of improvements such as drainage, water, sewerage, and capital improvements such as schools, parks, playgrounds, recreational facilities, and transportation facilities;

19.

Help eliminate the costly maintenance problems that develop when thoroughfares and lots are established without proper consideration given to various public purposes; and

20.

Create walkable centers where people can live, work, play, and worship without the use of a car.

B.

In recognition of the changing needs and dynamic economy of a growing community, the city council finds that periodic updates of this UDC will be necessary to maintain a proper relationship between the provisions of the article and various community plans. In order to fulfill the above-stated purposes to the best of its abilities, the city council commits not only to the enforcement of this UDC, but to its maintenance and updating as the community's normal planning and review process may dictate.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Territorial application. This UDC shall apply to all land, uses, buildings, and structures within the corporate boundaries of the city.

B.

General application. In their interpretation and application, the provisions of this UDC shall be deemed the minimum requirements for the promotion and protection of the public health, safety, and welfare.

C.

Required conformance. All buildings, structures, land, or open space, in whole or in part, shall be used or occupied in conformance with this UDC. No buildings or structures, in whole or in part, shall be erected, constructed, reconstructed, moved, or structurally altered unless in conformance with this UDC and the requirements of the district in which it is located.

D.

Control over less restrictive private agreements. This UDC shall not nullify any private agreement or covenant. However, when this UDC is more restrictive than a private agreement or covenant, this UDC shall control. The city shall not enforce any private agreement or covenant.

E.

Control over less restrictive laws and regulations. If any condition or requirement imposed by this UDC is more restrictive than a condition or requirement imposed by any other law, rule, or regulation, the more restrictive condition or requirement shall govern.

F.

Conflict. If any condition or requirement imposed by this UDC contains an actual, implied, or apparent conflict, the more restrictive condition or requirement shall control except as otherwise specifically noted.

G.

References to other laws. Whenever a provision of this UDC refers to any other part of the Chattahoochee Hills City Code or to any other law, the reference applies to any subsequent amendment of that law.

H.

State farming and hunting statutes. Nothing in the UDC shall restrict or prohibit the right to farm or hunt on property as provided in state law.

I.

Text and graphics. Illustrations, photographs, and graphics are included in this UDC to illustrate the intent and requirement of the text. In the case of a conflict between the text of this UDC and any Illustrations, photographs, and graphics, the text shall govern.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

In their interpretation and application, the provisions of this UDC shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare.

B.

The regulations set forth in this UDC for each zoning district are the minimum regulations that apply uniformly to each class or kind of structure or land. The following regulations also shall apply to each type of use listed, whether such use is authorized as of right or by special permit. When applied to special permits these regulations shall be in addition to all additional criteria and procedures set forth in article VII.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

This UDC takes effect and is in force upon its adoption by city council.

B.

This UDC shall apply to all applications received on or after its effective date. Any application received prior to its effective date shall be processed under the provisions of the ordinances in effect on the date that the application was received and deemed complete.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Nothing contained in this UDC shall require any change in plans, construction, alteration, or designated use of a structure for which a complete application for a building permit has been filed with the appropriate city authorities before the effective date of this UDC.

B.

Changes to the official zoning map and any associated master site plans, master plan reports, or conditions approved by the city under the former zoning ordinance shall remain in full force and effect and enforceable under this UDC. Without limiting the generality of the foregoing, the regulations adopted for HM-SD3 sanctuary special district (Ordinance No. 19-08-201 August 6, 2019) shall remain in full force and effect and enforceable under this UDC even though the district is redesignated HM-MU.

C.

Variances and any associated master site plans, master plan reports, or conditions approved by the city under the former zoning ordinance shall remain in full force and effect and enforceable under this UDC.

D.

Conditional uses and any associated master site plans, master plan reports, or conditions approved by the city under the former zoning ordinance shall remain in full force and effect and enforceable under this UDC.

E.

Modification or the repeal of any approval identified in subsections (B) through (D) above shall only be accomplished in accordance with section 3-3.

(Ord. No. 21-10-228, § 1, 10-5-2021)

Buildings and structures where construction has begun. To avoid undue hardship, nothing in this UDC shall be deemed to require a change in the plans, construction, or designated use of any building or structure for which a development or building permit was lawfully applied for or issued prior to the effective date of this UDC or amendment thereto, provided:

A.

Such permit or approval has not by its own terms expired prior to such effective date;

B.

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

C.

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

D.

No renewals or extensions of said permit or approval shall be authorized.

(Ord. No. 21-10-228, § 1, 10-5-2021)

If any section, subsection, paragraph, clause, sentence, or provision of this UDC is adjudged by any court of competent jurisdiction to be invalid or unconstitutional, that judgment does not affect, impair, invalidate or nullify the remainder of this UDC. The effect of the judgment is confined to the section, subsection, paragraph, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The official zoning map for the City of Chattahoochee Hills is incorporated and made part of this UDC.

B.

The original official zoning map must be kept on file with the city clerk. The map must indicate the date of the adoption, be signed by the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in the City of Chattahoochee Hills Unified Development Code," together with the map's date of adoption and notation of any map amendments.

C.

The city council may, from time to time, readopt the official zoning map.

D.

The official zoning map may be kept electronically in a geographic information system. Any copy of the official zoning map published on the web or otherwise portrayed electronically does not constitute the original official zoning map.

E.

The zoning administrator may make paper copies of the official zoning map available to the public for a reasonable fee.

(Ord. No. 21-10-228, § 1, 10-5-2021)

For the purposes of this UDC, the city is divided into zoning districts that provide opportunities for residents of the city to conduct business and to interact with nature, with agriculture, and with others. The zoning districts of the city are designated as follows.

* Includes properties previously zoned HM-R and HM-MU, which may remain on the zoning map but are subject to HM district standards.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 25-08-287, § 5, 8-5-2025)

A.

Rules for interpretation. When the zoning administrator determines that uncertainty exists with respect to the location of the boundaries of any zoning district as set forth on the official zoning map, the following rules shall apply:

1.

Where possible, a file pertaining to a change to the official zoning map, which includes a correct legal description and minutes of the city council public hearing, shall be used for delineating zoning boundaries.

2.

Where a zoning district boundary line is shown as approximately following a corporate limits line, a land lot line, a lot line or the center line of a thoroughfare, a city road, a state highway, an interstate highway, or a railroad right-of-way or such lines extended, then such lines shall be construed to be the zoning district boundary lines.

3.

Where a zoning district boundary line is shown as being set back from a thoroughfare, a city road, a state highway, an interstate highway, or a railroad right-of-way, and approximately parallel thereto, then such zoning district boundary line shall be construed as being at the scaled distance from the center line of a thoroughfare, state highway, interstate highway, or railroad right-of-way and as being parallel thereto.

4.

In the case of a through lot fronting on two approximately parallel thoroughfares that is divided by a zoning district boundary line paralleling the thoroughfares, the restrictions of the zoning district in which each frontage of the multiple frontage lot lies shall apply to that portion of the multiple frontage lot.

5.

Where zoning district boundaries are in doubt, the zoning administrator shall make such interpretation using the appropriate scale from the official zoning map.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The City of Chattahoochee Hills Comprehensive Plan, including its future development map and related policies, as may be amended from time to time, is hereby established as the official policy of the city concerning designated future land uses, and as a guide to decisions regarding the appropriate manner in which property shall be zoned in the city. The relationship between zoning districts and future development categories shall be as follows.

B.

Exception. Portions of a given village (VL) district may extend outside of the preferred village area but no more than 20 percent of the total land devoted to commercial, institutional, and industrial uses shall be outside the preferred area.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Zoning administrator. The zoning administrator shall administer this UDC, except as otherwise provided in this UDC. It shall also be the duty and responsibility of each officer and employee of the city, especially each member of the police and fire departments, to assist the zoning administrator by reporting new construction, reconstruction, new land uses, and apparent violations of this UDC.

B.

Zoning administrator powers. The zoning administrator shall have those powers and duties expressly identified in this section and this UDC, including, but not limited to:

1.

The authority to administer, interpret, and enforce the provisions of this UDC, and to require and approve land development improvements and to require improvement guarantees for public improvements as specified in this UDC.

2.

The authority and sole discretion to require and/or accept documents required by this UDC electronically, upon a determination that doing so will assist the zoning administrator and the public in the administration of this UDC.

3.

The authority to inspect premises proposed for subdivision or land development, including any improvements within such subdivision or land development, to determine compliance with the requirements of this UDC and other laws and regulations of the city. No person shall refuse entry or access to any person authorized to conduct inspections who presents appropriate credentials for same, nor shall any person obstruct, hamper, or interfere with any such person while in the process of carrying out his official duties.

4.

The authority to establish procedures for inspection of land development activity at various intervals in the development process, including without limitation inspection procedures for erosion control, the initiating of grading or land-disturbing activity, installation of on-site sewage disposal systems or sanitary sewer, installation of storm drainage pipe, detention, or other stormwater facilities, and installation of thoroughfare curbing and gutter, thoroughfare sub-grade, base, or paving.

5.

The authority to review and grant administrative variances in accordance with section 3-18.

6.

The authority to review and grant special administrative permits in accordance with section 3-15.

7.

The authority to review, approve, conditionally approve or deny final plats of minor subdivisions, farmette subdivisions, lot combination plats, lot line adjustments, construction plans and final plats of major subdivisions when preliminary plat approval has been obtained from the city council.

8.

The authority to review major subdivisions for conformity to the requirements of this UDC, to make reports and recommendations to the planning commission and the city council on major subdivisions.

9.

The authority to issue written zoning verifications stating the existing zoning of a particular parcel of property, including conditions and nonconforming situations applicable thereto. Requests to the zoning administrator shall be in writing, accurately identify the property, and be accompanied by a fee established by the city council.

10.

The authority to prepare and recommend standard drawings and construction specifications for private and public improvements not specified in this UDC. Upon their adoption by the city council, they shall become mandatory.

C.

Exemptions to zoning administrator powers. The powers authorized in subsection (B) above do not extend to other ordinances or regulations referenced in this UDC. Those other ordinances and regulations are administered by the directors of the departments responsible them, as established by the county or city council.

D.

Appeals. Any person aggrieved by an interpretation or decision of the zoning administrator or other official responsible for the administration of this UDC may file an appeal to the city council in accordance with section 3-19.

E.

Fees. The fees for various applications required by this UDC shall be as set by separate resolution of the city council. Required fees shall not be refunded once submitted.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Generally.

1.

Within the zoning districts established by this UDC, or in other provisions or amendments, there exist lots, uses of land, uses of land and buildings, uses of land and structures, and characteristics of buildings and structures that were lawful before this UDC and the subsequent official zoning map were adopted, but that would be prohibited under the terms of this UDC or future amendments.

2.

Such nonconforming situations are hereby declared to be incompatible with authorized and permitted uses and regulations within the districts involved. It is the intent of the city to require the cessation of certain of these nonconforming situations, and to allow others to continue, on a limited basis, until they are otherwise removed or cease. It is further the city's intent that nonconforming situations not be used as grounds for adding other buildings, structures, or uses of land prohibited by this UDC, and that no such nonconforming building, structure, or use of land be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

B.

Nonconforming open uses of land. Nonconforming uses consisting of lots used for storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter under this UDC in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this UDC:

1.

When any portion of a nonconforming open use of land has been changed to a conforming use, said portion shall not thereafter be used for any nonconforming use.

2.

No nonconforming open use of land shall be enlarged to cover more land than was previously occupied by such nonconforming use.

3.

When any portion of a nonconforming open use of land is discontinued for a continuous period in excess of one year, any future use of such land shall be limited to those uses permitted in that district under the provisions of this UDC. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision, unless such cessation is a direct result of governmental action impeding access to such land.

C.

Reversions and changes. Any nonconforming use, use of land or building in combination, open use of land, use of land and structure in combination, nonconforming lot of record, or nonconforming characteristic ("nonconforming situations") that is changed to a conforming state shall not be permitted to revert to a nonconforming situation. No nonconforming situation shall be changed to another nonconforming situation.

D.

Nonconforming use of land and building/structure in combination. The following regulations apply to the nonconforming use of land and buildings in combination and the nonconforming use of land and structures in combination:

1.

Such uses of land and buildings or land and structures may be continued, but no such use which has been discontinued for a continuous period of one year shall be reestablished unless such cessation is a direct result of governmental action impeding access to the property.

2.

Such uses of land and buildings or land and structures, or any such building or structure, shall not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

3.

A nonconforming use of a building may be extended into those interior parts of a building which were constructed and manifestly designed for such use prior to the enactment of the ordinance from which this UDC is derived.

E.

Nonconforming characteristics of buildings, structures and uses. No building, structure or use with nonconforming characteristics shall be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

F.

Area extensions prohibited. A nonconforming use, or building or structure in combination with a use, or building or structure with nonconforming characteristics, shall not be extended or enlarged beyond the area of use or beyond the conforming size, height, or other dimensions or characteristics of the building or structure as it existed on the effective date of this UDC or amendments applicable thereto rendering such situations nonconforming.

G.

Reconstruction. Any building or structure constituting a nonconforming use of land and building, nonconforming use of land and structures, or building or structure with nonconforming characteristics that has been unintentionally damaged by fire or natural causes such as flood or storms, may be reconstructed to its previous nonconforming characteristics and used as it was prior to damage if development permits for the reconstruction are applied for within one year of the date of the damage.

H.

Buildings and structures. Nothing in this UDC shall prevent the strengthening or restoration to a safe condition of any part of any building or structure declared unsafe by the zoning administrator.

I.

Lots.

1.

Lot frontage. Every building hereafter erected or moved shall be located on a lot that fronts on a thoroughfare, open space, civic space, or cottage court mews, except that up to 12 single-family residential lots in the rural (RL) district may front an access easement that connects to a thoroughfare or open space. Alleys may not be used to satisfy this requirement. All structures shall be located on lots as to provide safe and convenient access for servicing and fire protection.

2.

Lot reduction prohibited. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the front, side, or rear yards, or other requirements of this UDC are not maintained. Yards or lots created after the effective date this UDC shall meet at least the minimum requirements established by this UDC. This section shall not apply when a portion of a lot is acquired for a public purpose.

3.

Lots not meeting minimum lot size requirements. When a lot has an area which does not conform to the requirements of the district in which it is located (see section 6-3E), but was a lot of record on the effective date of this UDC or upon amendments thereto, such lot may be used for any use allowed in the zoning district in which it is located provided that all other requirements of this UDC are met.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or use of any land in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this UDC.

B.

Violations. If the zoning administrator finds that activities do not comply with the provisions of this UDC or of a permit issued under this UDC, or without authorization of a permit which would otherwise be required by this UDC, the zoning administrator is authorized to suspend or invalidate such permits, order that all unauthorized or improper work be stopped, direct correction of deficiencies, issue summonses to any court of competent jurisdiction, or take any other legal or administrative action appropriate to the severity of the violation and degree of threat to the public health, safety, and welfare.

C.

The zoning administrator shall order discontinuance of illegal use of land, buildings, or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this UDC to ensure compliance with or to prevent violation of its provisions. If it is found that any of the provisions of this UDC are being violated, the zoning administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Such written notice shall not be a necessary condition prior to enforcement of this UDC.

D.

All uses of land, buildings, or structures shall be completed in accordance with approved plans and permits, including any conditions attached thereto. The building inspector shall make periodic field inspections as required. When a violation is found to exist, the building inspector shall immediately advise the zoning administrator of the violation so that appropriate action may be taken to ensure compliance. No certificate of occupancy shall be issued unless all improvements, landscaping, and facades are completed in accordance with the approved plans and permits.

E.

Any person, firm or corporation violating any provision of this UDC shall be deemed guilty of an offense and, upon conviction in recorder's court, shall be fined. Fines shall be assessed according to a schedule of fees adopted by the city council. Each day such violation continues shall constitute a separate offense.

F.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person, who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

G.

Nothing herein contained shall prevent the city from taking any such other lawful action as is necessary to prevent or remedy any violation, or to abate any nuisance.

H.

Remedies.

1.

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of this UDC, the city council, the zoning administrator, or the city attorney, in addition to other remedies, may institute injunction, mandamus, or other appropriate action to stop, prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

2.

Appropriate civil actions may also be taken by law or in equity to prevent any violation of this UDC; to prevent unlawful construction; to recover damages; to restrain or enjoin, correct, or abate a violation; or to prevent illegal occupancy of a building, structure, or premises. These remedies shall be in addition to the remedies provided in "A" immediately above.

(Ord. No. 21-10-228, § 1, 10-5-2021)