This Appendix A to the City of Clarkston, Georgia Code of Ordinances shall be known and may be cited as the "Clarkston Zoning Ordinance."

(Ord. No. 480, § 1, 6-6-23)

These regulations shall apply to all present and future land development located within the incorporated area of Clarkston, 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 yards and other open spaces; the density and distribution of dwelling units; the location and use of buildings and other structures; the use, condition of use, or occupancy of land by 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; creating a planning and zoning board and defining the powers and duties thereof; providing penalties and resolutions; and for other purposes.

(Ord. No. 480, § 1, 6-6-23)

The purpose of the Clarkston Zoning Ordinance shall be to:

(a)

To protect existing development in the city.

(b)

To improve the property within the city through redevelopment, where appropriate.

(c)

To prevent damage to improved property by natural disaster.

(d)

To prevent overcrowding of schools and other public facilities.

(e)

To achieve such timing, density, and distribution of population, 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, will protect the traffic movement capabilities of streets within the city and prevent traffic hazards, and will facilitate the efficient and adequate provision of public services and facilities.

(f)

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.

(g)

To secure such accessibility, design and density of land development and use as will reduce fire hazards and fire losses.

(h)

To promote the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of the city.

(i)

To encourage greater efficiency and economy of land development through natural resource conservation.

(j)

To preserve the city's natural beauty and encourage architecturally pleasing development.

(k)

To improve the quality of life through protection of the city's total environment including the prevention of air, visual, water and noise pollution.

(l)

To implement the vision, goals, and policies of the comprehensive plan.

(Ord. No. 480, § 1, 6-6-23)

The comprehensive plan, consisting of its future land use 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 may be zoned in the incorporated areas of the city. A copy of the comprehensive plan, as may be amended from time to time, shall be maintained at city hall and be available for inspection by the public.

(a)

Relationship between the comprehensive plan and zoning. The comprehensive plan does not change the existing zoning districts in the city and does not itself permit or prohibit any existing or future land uses. Instead, the comprehensive plan establishes broad planning policy for current and future land uses and will be consulted as a guideline for making decisions about applications to amend the official zoning map and text of the zoning ordinance.

(b)

Consistency with comprehensive plan character areas. Any applicant seeking to rezone property to a classification that is inconsistent with the adopted comprehensive plan must first obtain approval of an amendment to the comprehensive plan from the mayor and city council, following the procedures in this zoning ordinance.

(c)

Amendments to the comprehensive plan. The Comprehensive Plan shall be reviewed and updated or amended (as appropriate) according to a schedule approved by the mayor and city council, and as required by the DCA in compliance with the Rules of DCA, Chapter 110-12-1, Minimum Standards and Procedures for Local Comprehensive Planning.

(Ord. No. 480, § 1, 6-6-23)

(a)

Unless otherwise specified in any article, chapter, or section of this zoning ordinance, it shall be the duty of the city manager to administer, interpret, and enforce this zoning ordinance.

(b)

Unless otherwise specified, where this zoning ordinance refers to "the manager" or "the city manager," it shall mean the city manager or their designee.

(c)

The city manager shall also enforce all adopted codes relating to ADA Compliance, as adopted by the State.

(d)

It shall be the duty of the county fire marshal to enforce all State, County, and City fire codes.

(Ord. No. 480, § 1, 6-6-23)

The city is hereby divided into zoning districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this zoning ordinance.

The official zoning map shall be identified by the signature of the mayor and city council, 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 zoning ordinance" together with the date of adoption of this zoning ordinance.

(Ord. No. 480, § 1, 6-6-23)

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the mayor and city council may by zoning ordinance adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map, and shall be identified by the signature of the mayor attested by the city clerk and bearing the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted the date of (date) _______ as part of the zoning ordinance."

Unless the previous official zoning map has been lost or has been destroyed, the prior map or any significant remaining parts thereof, shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. 480, § 1, 6-6-23)

No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or altered, except in conformity with the regulations of this zoning ordinance. Any use of property not expressly permitted by this zoning ordinance shall be deemed to be prohibited.

(Ord. No. 480, § 1, 6-6-23)

Nothing in this article shall require any change in the development or proposed use of properties which are legally under construction or for which a complete application for a building permit has been received and/or approved by the city upon the date of adoption of this ordinance, so long as actual construction is commenced within one (1) year of the effective date of adoption of this ordinance and carried out diligently.

(Ord. No. 480, § 1, 6-6-23)

Nothing in this zoning ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. No. 480, § 1, 6-6-23)

Whenever the regulations of this ordinance require more restrictive standards those of any other ordinance, statute or covenants, the requirements of this ordinance shall govern. Whenever the provisions of any other ordinance, statute, or covenants require more restrictive standards than those of this ordinance, the provisions of such other ordinance, statute, or covenants shall govern.

(Ord. No. 480, § 1, 6-6-23)

Should any section or provision of this zoning ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the zoning ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. The mayor and city council hereby declare that it would have adopted the remaining parts of the zoning ordinance if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional.

(Ord. No. 480, § 1, 6-6-23)

All resolutions and ordinances and parts of resolutions and ordinances in conflict with this zoning ordinance are hereby repealed; provided however, that nothing herein shall be construed as repealing or modifying the conditions of operation or conditions of development accompanying those zoning approvals or use permits issued under previous zoning ordinances or resolutions; provided however, modification or repeal of such past conditions of approval may be accomplished as provided by this zoning ordinance.

All quasi-judicial actions, zoning decisions, and exceptions heretofore granted by the mayor and city council shall remain in full force and effect. All terms, conditions, and obligations imposed by the mayor and city council with respect to quasi-judicial actions and zoning decisions shall remain in effect and be binding. Prior zoning ordinances shall remain in effect insofar as required for the initiation of any proceedings against such violations and for the prosecution of any violations and for the prosecution of any violations heretofore commended.

(Ord. No. 480, § 1, 6-6-23)

This ordinance shall take effect and shall be in force from and after the date of its adoption, the public welfare demanding it.

(Ord. No. 480, § 1, 6-6-23)