The City of Darien is unique in that there exists presently a map or plan of the city styled MAP OF THE CITY OF DARIEN, GEORGIA, FROM MAPS BY A. C. WYLLY, CITY SURVEYOR, FEBRUARY 1918, SCALE 1 INCH: 200 FEET, COMPILED BY J.F CHARLTON, CIVIL ENGINEER, which map was adopted as official map of the City of Darien by the Board of the mayor and aldermen in lawful meeting held August 2, 1941, copy of which in the form of a blueprint is on file in the office of the city clerk, City Hall, Darien, Georgia; and

The map above referred to constitutes a well-designed plan for development of the land area of the City of Darien (encompassed therein) providing street and alley access to those areas of the city shown thereon, and providing reasonable open spaces for light and air in the developed areas and in areas which may be developed in the future, and providing spaces for parks and recreational areas which will be valuable assets in the overall future development of the city; and

(Code 1998, § 20-1301)

The City of Darien now asserts that it accepts as public property of the City of Darien all of those areas of land shown on the map of the City of Darien, Georgia, from maps by A. C. Wylly, City Surveyor, February 1918, scale 1 inch 200 feet, complied by J.F Charlton, Civil Engineer, which map was adopted as official map of the City of Darien by the Board of the Mayor and Alderman in lawful meeting held August 2, 1941, copy of which in the form of a blueprint is on file in the office of the city clerk, City Hall, Darien, Georgia, as streets, alleys, parks, and muster grounds, where express or implied dedication can be proved.

(Code 1998, § 20-1302)

The purpose and intent of the OP zone is:

1.

To provide areas of open space within the City of Darien to provide for light, air and vistas of marsh and river such as will enhance the quality of life in the areas where found.

2.

To provide and preserve means of access from open, publicly maintained thoroughfares and streets to areas now undeveloped or marginally developed which are likely to be developed in the future.

3.

To provide, as development occurs, parks and recreational areas to serve the needs to present and future residents and businesses of the city.

(Code 1998, § 20-1303)

In an OP zone only the following uses are permitted except as provided for in article XX of this chapter:

1.

Driveway, roadways, walkways.

2.

Public recreational facilities such as parks, park benches, playgrounds, flower gardens.

3.

The owners of property which lie immediately adjacent to any OP zone shall be allowed to carry out in that portion of an OP zone adjacent to their own property certain uses for which a permit has first been obtained from the mayor and council of the City of Darien, issued in accordance with the rules and guidelines hereinafter set out:

Any owner of land desiring to make use of land in an OP zone adjacent to his platted lots shall make application to the Clerk of the City of Darien.

The application shall designate and describe the property owned by the applicant adjacent to the OP zone, and shall describe the area of the adjacent OP zone which the applicant desires to utilize.

4.

The application shall fully describe the activity desired to be carried out by the applicant, which may include any of the following:

a.

To improve a driveway or walkway to property owned by applicant adjacent to the OP zone.

b.

To clear and beautify by planting and mowing grass, by planting flowers and shrubbery.

c.

To install benches or other seating of a moveable nature which will not interfere with the generally open character of the OP area.

d.

To plant and cultivate on a year-to-year basis a garden spot for personal use.

e.

A statement by the applicant of what legal title, if any, he has to the area for which application is made.

f.

If applicant asserts that he holds legal title to the areas of the OP zone adjacent to other property owned by him, the area of the OP zone adjacent to [the] owner's platted lot shall be added to the required yard area of the platted lot, and the uses permitted shall only be those permitted for a required yard in the zone in which the applicant's platted lot is located.

(Code 1998, § 20-1304)