A.

This title shall be known as the "Covington zoning ordinance."

B.

This zoning ordinance shall govern the use of all land and all development and redevelopment thereof within the incorporated areas of Covington, Georgia.

C.

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.

(Ord. dated 6/30/08 (part))

This title is enacted pursuant to Covington's authority to adopt plans and exercise the power of zoning granted by the Constitution of the state of Georgia, Article 9, Section 2, paragraph 4, and by Article 9, Section 2, paragraphs 2 and 3; pursuant to Chapters 66 and 70 of Title 36 of the Official Code of Georgia Annotated; by the Georgia Planning Act of 1989; by Covington's authority to enact regulations and exercise zoning, planning, subdivision, and police powers granted by Sections 9, 34, 68, and other provisions of its charter; by other local laws; by the city's general police powers; and by other powers and authority provided by federal, state, and local laws applicable hereto.

(Ord. dated 6/30/08 (part))

This zoning ordinance is enacted by the city of Covington in order to promote the public health, safety, morals, and general welfare of the residents of Covington, Georgia and to implement the Covington comprehensive plan. To these ends, the zoning ordinance is intended to achieve the following purposes:

A.

To guide and regulate the orderly growth, development, redevelopment, and preservation of the city of Covington in accordance with the adopted comprehensive plan and with long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people;

B.

To protect the established character and the social and economic well-being of both private and public property;

C.

To promote, in the public interest, the efficient utilization ofland;

D.

To promote the preservation of open space;

E.

To provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers;

F.

To facilitate the creation of a convenient, attractive, and harmonious community;

G.

To encourage an aesthetically attractive environment, both built and natural, and to provide for regulations that protect and enhance these aesthetic considerations;

H.

To protect against the destruction of, or encroachment upon, historic areas;

I.

To protect against overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, and loss of life or health from fire, flood or other danger;

J.

To encourage economic development activities that provide desirable employment and enlarge the tax base;

K.

To ensure the perpetual conservation, preservation and enjoyment of the unique natural and physical resources of the county, including watersheds, streams, and the protection of water quality as the county grows;

L.

To achieve compliance with all applicable state and federal laws and regulations;

M.

To provide for and promote housing for all income groups and all citizens within the city;

N.

To establish high quality standards for buildings and land development for the protection of the environment and the security of buyers and users of developed property within the city;

O.

To provide a method of administration and procedure that ensures due process and equal protection for the citizens and property owners of the city;

P.

To establish a just balance between the rights of owners of property and the public interest of all the citizens of the city;

Q.

To provide for protection of the constitutional rights and obligations of all citizens within the city;

R.

To provide penalties for violations and remedies for enforcement hereof; and for other purposes.

(Ord. dated 6/30/08 (part))

A.

The city of Covington is divided into zoning districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and made a part of this zoning ordinance. The official zoning map shall be identified by the signature of the mayor, attested by the planning and zoning director and city clerk, and bear the seal of the city under the following words: "Official Zoning Map of the City of Covington" and shall include the date of adoption of this zoning ordinance.

B.

Amendments.

1.

If, in accordance with the provisions of this zoning ordinance, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map within seven days after the amendment has been approved by the mayor and council, with an entry in the minutes of such council meeting as follows: "On _______ (month) _______ (day), _______ (year) by official action of the mayor and council, the following change (changes) was (were) made to the Official Zoning Map: (brief description of nature of change or changes)," which entry shall be signed by the mayor and attested by the planning and zoning director.

2.

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this zoning ordinance.

3.

Regardless of the existence of copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the planning and zoning director shall be the final authority as to the current zoning status of the city.

C.

Replacement of Official Zoning Map. 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 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 planning and zoning director 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 June 30, 2008, as amended, as part of the Covington zoning ordinance." Unless the previous official zoning map has been lost, or has been totally destroyed, the prior map or any significant remaining parts thereof, shall be preserved, together with all available records pertaining to its adoption or amendment.

D.

Rules for Interpretation.

1.

Zoning of Streets, Alleys, Public Ways, State Highways, Interstate Highways and Railroad Rights-of-Way. All streets, alleys, public ways, state highways, interstate highways and railroad rights-of-way; if not otherwise specifically designated, shall be deemed to be the same zoning designation as the property immediately abutting upon such alleys, streets, public ways, and railroad rights-of-way. Where the centerline of a street, alley, public way, state highway, interstate highway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

2.

Where the planning and zoning director 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:

A.

Where possible, a rezoning file, which includes a correct legal description and minutes of the mayor and council public hearing shall be used for delineating zoning boundaries.

B.

Where a zoning district boundary line is shown as approximately following a corporate limits line, a militia district line, a land lot line, a lot line or the center line of a street, 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.

C.

Where a zoning district boundary line is shown as being set back from a street, 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 the street, city road, state highway, interstate highway, or railroad right-of-way and as being parallel thereto.

D.

Where a zoning district boundary line divides a lot, the location of the line shall be the scaled distance from the lot lines. In this situation, the requirements of the zoning district in which the greater portion of the lot lies shall apply to the balance of the lot except that such extension shall not include any part of a lot that lies more than fifty (50) feet beyond the zoning district boundary line.

E.

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

F.

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

(Ord. dated 10/1/12(4), §§ 1, 2; Ord. dated 6/30/08 (part))

A.

Land Use Role of the Comprehensive Plan. The city of Covington comprehensive plan is established as the official policy of the city concerning designated land uses, under which the incorporated areas of the city are divided into the following land use categories, as set forth in the future land use map:

1.

Single-family residential;

2.

Multifamily residential;

3.

Commercial;

4.

Office/professional;

5.

Mixed-use neighborhood;

6.

Mixed-use corridor;

7.

Mixed-use downtown;

8.

Industrial;

9.

Public institutional;

10.

Park/recreation/conservation;

11.

Transportation/communication/utilities.

B.

Relationship Between Land Use Categories and Zoning Districts.

1.

The comprehensive plan does not change the existing zoning districts in the city, does not effectuate an amendment to the official zoning maps, and does not itself permit or prohibit any existing land uses. Instead, the comprehensive plan establishes broad planning policy for current and future land uses and provides, among other things, designated categories within which only certain zoning districts may be authorized.

2.

The zoning districts that are permitted within each land use category shall be restricted to those shown in the following table.

C.

Conformity of the Zoning Maps with the Comprehensive Plan. Within the various land use categories described in this chapter and shown on the future land use map, no amendment to the official zoning maps shall permit a use except in accordance with the uses permitted in the comprehensive plan land use category applicable to the property to which the proposed zoning map amendment applies.

D.

Amendments to the Comprehensive Plan. See Section 16.12.040.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 3)

A.

It shall be the duty of the planning and zoning director to interpret and enforce this zoning ordinance and to carry out the duties required herein. The planning and zoning director may be provided with the assistance of such other persons as the mayor and council may direct. It shall be the duty of the city fire marshal to enforce all state, city and fire codes related to zoning ordinances. The city fire marshal shall also enforce all adopted codes relating to handicap access.

B.

Nothing herein shall repeal the conditions of use or operation, or site development conditions, accompanying rezoning approval(s) or conditional use(s), variances or permits issued prior to adoption of this title. Modification or repeal of such past conditions of approval may be accomplished as authorized and provided by this title. All variances and exceptions heretofore granted by the planning and zoning director, board of appeals and adjustments, planning commission or mayor and council shall remain in full force and effect, including all terms, conditions and obligations heretofore imposed.

C.

All applications, requests for permits, and other appeals and decisions made pursuant to this title shall be decided within thirty (30) days of receipt of completed materials requesting same unless another time limit is specified for the type of action under review.

D.

Fees for all required applications shall not be refunded once submitted.

[E.]

Definitions.

"Storm shelter" means a structure or portion of a structure intended to provide protection to human life during periods of danger from storms or other emergencies.

"Story" means that portion of a building having a height greater than six feet between the surface of the floor occupied and the ceiling above it, not including cellars, basements, mechanical rooms and parking floors that do not extend more than three feet above finished grade or mechanical rooms, tanks or structures not designed for occupancy that are placed on the roof of a building and occupying less than ten (10) percent of the area of the floor below.

"Street" means a way for vehicular traffic, whether designated as an avenue, boulevard, road, highway, expressway, lane, alley or other way.

"Street categories" means the following definitions intended to distinguish between different categories of streets:

1.

"Freeways" are high-capacity roads from which access to abutting property is prohibited, and which are intersected at specific locations by major thoroughfares streets.

2.

"Major thoroughfares" are those which are used primarily for moving a higher volume of traffic than local streets. Generally, they serve industrial, commercial, and high-density residential uses that generate an elevated volume of trips—especially trips by large vehicles. They may be known as arterials or collectors in a hierarchical classification system. Major thoroughfares should allow for a higher volume of traffic while maintaining speeds that are safe for multi-modal travel and access to adjacent properties. These streets should be designated on the major thoroughfare plan.

3.

"Major local streets" are roadways whose primary purpose is to provide access to adjacent properties. These streets are characterized by multi-modal accessibility and slow design speeds that do not exceed twenty-five (25) to thirty (30) miles per hour. They tend to carry a higher volume of traffic than "minor local streets."

4.

"Minor local streets" include all streets that are not covered by the other categories. These streets serve the same purpose as "major local streets," but they carry less volume and are often residential in nature. These streets should be characterized by slow vehicle speeds, high levels of multi-modal and low volumes of traffic. Many lack a striped center line and should designed for speeds that are under twenty (20) miles per hour.

5.

"Downtown streets" are those streets bounded on the north by the former Central of Georgia Railroad/Cricket Frog Trail, south by Conyers Street, east by Elm Street and west by Emory Street.

"Street, Centerline of." "Centerline of street" means a line that is halfway between the right-of-way lines of a street.

"Street curb" means the edge of street or a line of concrete or asphalt that forms part of the gutter at the edge of a street.

"Street fronting" means any building, sidewalk or landscaping element that is directly facing and adjacent to any public street and not facing the interior rear or side lot line adjacent to a neighboring property.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 4)

Upon request, the planning and zoning director shall have authority to issue written zoning verifications stating the existing zoning of a particular parcel of property. Requests to the director shall be in writing, accurately identify the property, and be accompanied by a fee established by the planning and zoning director.

(Ord. dated 6/30/08 (part))

The planning and zoning director shall have the authority and sole discretion to accept digital or other forms of electronic documents required by this title, upon a determination that doing so will assist the planning and zoning director and the public in the administration of this title.

(Ord. dated 6/30/08 (part))

In their interpretation and application, the provisions of this zoning ordinance 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 statute, ordinance or resolution require more restrictive standards than those of this zoning ordinance, the provisions of such standards shall govern.

(Ord. dated 6/30/08 (part))

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 any land in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this title.

(Ord. dated 6/30/08 (part))

All uses of land, buildings or structures shall be completed in accordance with approved development 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 enforcement officer of the violation, so that appropriate action may be taken to ensure compliance. No certificate of occupancy shall be issued unless all on-site improvements, landscaping, and exterior building facades are completed in accordance with the approved development plans and permits.

The planning and zoning director 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 zoning ordinance to ensure compliance with or to prevent violation of its provisions. If it is found that any of the provisions of this zoning ordinance are being violated, the planning and zoning director 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 precedent to enforcement of the zoning ordinance.

Any person, firm or corporation violating any provision of this zoning ordinance shall be deemed guilty of an offense and, upon conviction in recorder's court, shall be fined as prescribed in the city charter in an amount not to exceed one thousand dollars ($1,000.00) for each offense. Each day such violation continues shall constitute a separate offense.

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 in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

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

(Ord. dated 6/30/08 (part))

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 zoning ordinance, the mayor and council, the planning and zoning director, 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.

(Ord. dated 6/30/08 (part))

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 council declares 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. dated 6/30/08 (part))