ZONING DISTRICTS ESTABLISHED; ZONING MAP
For the purpose of this article, the city is hereby divided into zoning districts as set out as follows:
(Ord. of 2-18-2003, § 401; Ord. of 3-17-2009, § 1; Ord. of 7-17-2018, § 1)
(a)
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 Cumming, Georgia. Such map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article.
(b)
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 article III of this chapter," together with the date of the adoption of the ordinance.
(c)
A copy of the official zoning map as initially adopted by the mayor and council 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 such 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 zoning administrator. The zoning administrator may make copies of the official zoning map available to the public for a reasonable fee.
(d)
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 mayor and council.
(Ord. of 2-18-2003, § 402)
(a)
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 shall be construed to be such boundaries.
(b)
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.
(c)
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.
(d)
Where boundaries are indicated as approximately following the centerline of streambeds or riverbeds, such centerline shall be construed to be such boundaries.
(e)
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.
(f)
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.
(g)
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 this article.
(Ord. of 2-18-2003, § 403)
(a)
Pre-application requirements. At least 30 days before filing any petition for annexation, the applicant must complete and submit to the zoning administrator a Notice of Proposed Annexation form, which shall provide at a minimum the following information: applicant name and contact information; owner name and contact information; property description sufficient to allow the property to be identified; the reason for the anticipated annexation; the proposed use upon annexation; and how the proposed use will differ from the property's current use. The applicant must also schedule and attend a pre-application meeting with the zoning administrator prior to submission of the petition to the city. In addition, the applicant must attend the meeting between the zoning officials of the city and of Forsyth County, which they shall hold for the purpose of discussing the proposed annexation, between the submission of the notice of proposed annexation and the filing of any annexation petition. The city shall provide the applicant with reasonable notice of the time and place of said meeting.
(b)
Property annexed into the municipal limits of the city shall be zoned in accordance with this chapter and may be zoned by the mayor and council according to zoning districts established in this chapter. In such cases, the mayor and council shall adopt zoning for the annexed land in accordance with the Zoning Procedures Law, O.C.G.A. § 36-66-4, relative to the zoning of property to be annexed into a municipality.
(Ord. of 2-18-2003, § 404; Ord. of 9-15-2020, § 2; Ord. of 3-21-2023(2), § 11)
ZONING DISTRICTS ESTABLISHED; ZONING MAP
For the purpose of this article, the city is hereby divided into zoning districts as set out as follows:
(Ord. of 2-18-2003, § 401; Ord. of 3-17-2009, § 1; Ord. of 7-17-2018, § 1)
(a)
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 Cumming, Georgia. Such map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article.
(b)
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 article III of this chapter," together with the date of the adoption of the ordinance.
(c)
A copy of the official zoning map as initially adopted by the mayor and council 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 such 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 zoning administrator. The zoning administrator may make copies of the official zoning map available to the public for a reasonable fee.
(d)
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 mayor and council.
(Ord. of 2-18-2003, § 402)
(a)
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 shall be construed to be such boundaries.
(b)
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.
(c)
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.
(d)
Where boundaries are indicated as approximately following the centerline of streambeds or riverbeds, such centerline shall be construed to be such boundaries.
(e)
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.
(f)
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.
(g)
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 this article.
(Ord. of 2-18-2003, § 403)
(a)
Pre-application requirements. At least 30 days before filing any petition for annexation, the applicant must complete and submit to the zoning administrator a Notice of Proposed Annexation form, which shall provide at a minimum the following information: applicant name and contact information; owner name and contact information; property description sufficient to allow the property to be identified; the reason for the anticipated annexation; the proposed use upon annexation; and how the proposed use will differ from the property's current use. The applicant must also schedule and attend a pre-application meeting with the zoning administrator prior to submission of the petition to the city. In addition, the applicant must attend the meeting between the zoning officials of the city and of Forsyth County, which they shall hold for the purpose of discussing the proposed annexation, between the submission of the notice of proposed annexation and the filing of any annexation petition. The city shall provide the applicant with reasonable notice of the time and place of said meeting.
(b)
Property annexed into the municipal limits of the city shall be zoned in accordance with this chapter and may be zoned by the mayor and council according to zoning districts established in this chapter. In such cases, the mayor and council shall adopt zoning for the annexed land in accordance with the Zoning Procedures Law, O.C.G.A. § 36-66-4, relative to the zoning of property to be annexed into a municipality.
(Ord. of 2-18-2003, § 404; Ord. of 9-15-2020, § 2; Ord. of 3-21-2023(2), § 11)