For the purpose of this chapter, the City of Cornelia is hereby divided into zoning districts as set out below:

(Ord. No. 12-22-20, 1-5-2021)

42-11.1.

Adoption. The location and boundaries of the above listed districts are hereby established as shown on a map entitled Official Zoning Map of the City of Cornelia, Georgia. Said map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

42-11.2.

Certification. The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city or that of a notary public under the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance, City of Cornelia, Georgia," together with the date of the adoption of the ordinance from which this chapter is derived.

42-11.3.

Retention by clerk and availability. A copy of the official zoning map as initially adopted by the governing body shall be kept in the office of the city clerk. The official zoning map may be kept electronically in a geographic information system and such electronic data shall constitute an integral part of the official zoning map, but said maps shall be produced in paper copy and made available to the general public for viewing during regular city business hours in the office of the city clerk. The zoning administrator may make copies of the official zoning map available to the public for a reasonable fee.

42-11.4.

Amendments. If, in accordance with the provisions of this chapter, changes are made in the district boundaries or other subject matter portrayed on the official zoning map, such changes shall be made promptly after the amendment has been approved by the governing body.

(Ord. No. 12-22-20, 1-5-2021)

42-12.1.

Streets. Where boundaries are indicated as approximately following the centerline of streets or highways, street right-of-way lines or such lines extended, such centerline, street right-of-way lines or lines extended shall be construed to be such boundaries.

42-12.2.

City limits. Where boundaries are indicated as approximately following the corporate limit line of the city, such corporate limit line shall be construed to be such boundaries.

42-12.3.

Property lines. Where boundaries are indicated as approximately following property lines or such lines extended, such property lines or such lines extended, as indicated by boundary survey, deed or legal description maintained in the official file of said zoning adoption or amendment, if available, shall be construed to be such boundaries.

42-12.4.

Streams and rivers. Where boundaries are indicated as approximately following the centerline of stream beds or river beds, such centerline shall be construed to be such boundaries.

42-12.5.

Centerlines. Where boundaries are indicated as approximately paralleling the centerline of streets or highways, the location of said boundaries shall be determined by using an engineering scale on the official zoning map.

42-12.6.

Abandonment or vacation of right-of-way. Where a public street or other right-of-way is officially vacated or abandoned, and said street or right-of-way is also a zoning district boundary, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned public street or right-of-way.

42-12.7.

Determinations, interpretations, and appeals. In the case where the exact location of a boundary cannot be determined by the foregoing methods, the zoning administrator shall determine the location of the boundary. Any such administrative determination is subject to appeal as an administrative decision in accordance with chapter.

(Ord. No. 12-22-20, 1-5-2021)

Any use not specifically permitted as a use by right or specifically indicated as a conditional use in any given zoning district of this chapter shall be prohibited in that zoning district.

(Ord. No. 12-22-20, 1-5-2021)

Property annexed into the municipal limits of the City of Cornelia after the effective date of this chapter shall be zoned in accordance with the Zoning Procedures Law, O.C.G.A. 36-66, and this chapter, and such property annexed may be zoned by the governing body to any zoning district or districts established in this chapter.

(Ord. No. 12-22-20, 1-5-2021)

No building, structure, land, or water shall hereafter be used or occupied, and no building or structure or part hereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with the regulations of this chapter or amendments thereto, including the use provisions for the zoning district in which it is located. In addition, the following requirements shall apply:

No building, structure or land shall be occupied for residential purposes unless such building or structure has been approved by the zoning administrator as a lawfully established dwelling unit or other permitted use. In instances where an existing single-family dwelling unit has been damaged and is not habitable due to such damage, the zoning administrator is authorized to permit, in the rear yard on the lot of such existing but damaged dwelling unit, a recreational vehicle for temporary occupancy of the household while the damaged unit is being repaired. Said permission by the zoning administrator shall not exceed 90 days initially, but the permission can be renewed up to two times for consecutive 90 day periods for good cause shown.

Each dwelling unit in the City of Cornelia shall have at least 300 square feet of habitable floor area per adult occupant, and occupancy by more than one adult per 300 square feet of habitable floor area shall be unlawful.

(Ord. No. 12-22-20, 1-5-2021)

Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land.

(Ord. No. 12-22-20, 1-5-2021)

No building or structure shall be erected or use established unless upon a lot of record as defined by this chapter unless specifically provided otherwise in this chapter.

(Ord. No. 12-22-20, 1-5-2021)

Except as otherwise specifically provided in this chapter, only one principal building and its accessory buildings may hereafter be erected on any one lot intended for such use; provided, however, that more than one multiple dwelling, office, institutional, commercial or industrial building may be located upon a lot, subject to setbacks and separation as provided in this chapter.

(Ord. No. 12-22-20, 1-5-2021)

Except as exempted in this section, no building or structure shall hereafter be erected, constructed, reconstructed, or altered, to exceed the maximum height of buildings and structures or the number of stories specified in this chapter; provided, however, the governing body may upon application and approval of a conditional use permit buildings and structures to exceed these height limitations, subject to procedures for conditional uses established in this chapter.

The height limitations established herein shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles and similar structures.

(Ord. No. 12-22-20, 1-5-2021)

No lot shall hereafter be developed with a number of housing units that exceeds the residential density for the zoning district in which the lot is located as established by this chapter. No lot shall hereafter be developed that fails to meet the minimum lot size and minimum lot width for the zoning district in which the lot is located as established by this chapter, except as otherwise specifically provided. No lot shall be reduced in size, and no principal building shall hereafter be constructed, so that the minimum lot size or minimum lot width of the zoning district in which said lot and building are located are not maintained. See tables 6.2 and 7.2.

(Ord. No. 12-22-20, 1-5-2021)

No dwelling shall hereafter be constructed or occupied that fails to meet the minimum floor area for a dwelling unit as established by the zoning district in which the property is located. No existing dwelling shall be reduced in size so that its floor area fails to meet the minimum floor area for a dwelling unit as established by the zoning district in which the property is located.

(Ord. No. 12-22-20, 1-5-2021)

No building shall hereafter be erected in a manner to have narrower or smaller rear yards, front yards, or side yards than specified for the zoning district in which the property is located, or for the specific use if yards and setback regulations pertain to a specific use in this chapter. The buffer requirements established by this chapter may supersede these minimum required yards.

No lot shall be reduced in size, and no principal building shall hereafter be constructed, so that the front, side, or rear yards of the zoning district in which said lot and building are located are not maintained. This section shall not apply to portions of lots affected by public acquisition of part of the lot. No part of a yard shall be included as a part of the yard required for another building.

(Ord. No. 12-22-20, 1-5-2021)

On lots where more than one principal building is permitted on a lot, no principal building shall be located closer than 20 feet to another principal building on the lot; provided, however, that this shall not apply to buildings in the CBD, Central Business District.

(Ord. No. 12-22-20, 1-5-2021)

No lot shall hereafter be developed to exceed the maximum lot coverage as specified for the zoning district in which it is located. No lot shall be developed with less than the minimum landscaped open space specified for the zoning district in which said lot is located.

(Ord. No. 12-22-20, 1-5-2021)

No building or structure shall hereafter be erected on a lot, and no lot shall hereafter be created or subdivided, that does not abut for at least 30 feet on a public street, or an approved private street.

(Ord. No. 12-22-20, 1-5-2021)

No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between two and 12 feet above any roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines, or such lines extended, and a line connecting such right-of-way lines at points 25 feet from the intersection of the right-of-way lines. In such cases as right-of-way lines do not exist or cannot be determined, said measurements shall be made from points 15 feet from the centerline of the existing road or ten feet from the existing pavement or roadbed, whichever is greater.

(Ord. No. 12-22-20, 1-5-2021)