This ordinance shall be known and may be cited as "the Unified Development Ordinance of the City, Georgia," and is referred to or cited as "this UDO."

A.

UDO

1.

This UDO is intended to serve the following purposes:

a.

To facilitate the implementation of the land use and community plans adopted by the City, Georgia;

b.

To manage growth while retaining character, to encourage a diverse and engaged community, to serve as good stewards of the environment and community resources;

c.

To promote the health, safety, morals, order, prosperity and the general welfare of present and future inhabitants of the City, Georgia;

d.

To secure safety from fire, panic and other dangers, to provide adequate light and air;

e.

To minimize the impact of land development on the natural environment, to provide safe opportunities for all modes of transportation; and

f.

To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

2.

The regulations have also been made with reasonable consideration for :

a.

The character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods;

b.

Protecting property against blight and depreciation, securing economy in governmental expenditures; and

c.

Conserving the value of buildings; and encouraging the most appropriate use of land, buildings and other structures throughout the City.

B.

Comprehensive Land Use Plan

The Comprehensive Land Use Plan is intended to serve the following purposes:

1.

To control, guide and direct development in the City, Georgia;

2.

To protect, preserve and enhance the City's cultural, environmental, economic and social resources; to identify current land uses in order to assist the City in making decisions regarding budgets, finances, utilities and other resources;

3.

To enable the City to predict future land uses for planning purposes;

4.

To stabilize the land uses in the City;

5.

To assist in fulfilling the purposes of the City's zoning regulations;

6.

To assist the City in fulfilling its statutory and other legal obligations; and

7.

To provide a public document which will serve as a means of general information on land use and development for the citizens of Decatur.

A.

Territorial Application

This UDO applies to all land, uses, buildings and structures within the corporate boundaries of the City.

B.

General Application

In interpreting and applying the provisions of this UDO, they shall be considered as the minimum requirements for the promotion of the public safety, health, morals and general welfare.

C.

Required Conformance

1.

All buildings, structures or land, in whole or in part, must be used or occupied, in conformance with this UDO. All buildings or structures, in whole or in part, must be erected, constructed, moved, enlarged or structurally altered in conformance with this UDO.

2.

Nothing in this UDO shall require any change in the plans, construction or intended use of a building or structure for which a lawful permit has been issued or a lawful permit application has been accepted before the effective date of this UDO, provided that the construction under the terms of such permit is diligently pursued until its completion.

D.

Conflicting Provisions

1.

It is not the intent of this UDO to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this UDO imposes a greater restriction upon the use of property or premises or upon the height of buildings, or requires greater space than is imposed or required by other resolutions, rules or regulations, or by easements, covenants or agreements, the provisions of this UDO shall govern.

2.

This is intended to be the Unified Development Ordinance for the entire incorporated area of the City and all other zoning ordinances are hereby repealed, provided that nothing herein shall be construed as repealing or modifying the conditions of operation or conditions of site development accompanying those zoning approvals, variances or use permits issued under previous zoning ordinances; however, modification or repeal of these past conditions of approval may be accomplished through use of the procedures set forth in this UDO.

3.

Text and Graphics

Illustrations, photographs and graphics are included in this UDO to illustrate the intent and requirements of the text. In the case of a conflict between the text of this UDO and any Illustrations, photographs and graphics, the text governs.

A.

This Chapter consists of a unified development ordinance, crafted as a series of Articles.

B.

Article 1. through Article 4., Article 5. (Sec. 5.1., Sec. 5.3. and Sec. 5.4. only), and Article 6., Article 7. and Article 11., as well as those definitions set forth in Article 12. that constitute, by reference, text of these Articles, are all intended to constitute a zoning ordinance within the meaning of O.C.G.A. § 36-66-1, et seq. Changes to the text of these Articles, as well as official zoning map amendments and other zoning actions addressed in those Articles, require compliance with the public notice and hearing procedures provided in Article 11., Administration, and in said state statute.

C.

The remaining articles are not intended to constitute a zoning ordinance and may be amended using the City's general procedures for ordinance amendments.

Should any article, section or provision of this UDO be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the UDO as a whole or any part thereof other than the part so declared to be invalid, each article, section and provision hereof being declared severable.

The effective date of this UDO shall be February 1, 2015.

Unless otherwise stated or where the context of the provision clearly shows a different intent, the provisions of chapter 1 under part III of this Code shall apply to the articles contained in this part.

(Ord. No. O-15-Z-19, § 1, 12-21-15)

Reasonable fees to offset the costs of administration of this part may be set by the city commission, from time to time.

(Ord. No. O-15-Z-19, § 1, 12-21-15)

A.

Where general requirements of a provision under this Code conflict with a specific requirement of a provision under the UDO, including but not limited to building and construction regulations, stormwater management regulations, drainage and flood control, planning and development, and subdivision regulations, then the provision concerning the specific requirement under the UDO shall prevail.

B.

In the event that a provision or requirement under this Code in any way conflicts with another provision or requirement under the UDO, then the more stringent provision or requirement shall prevail.

(Ord. No. O-15-Z-19, § 1, 12-21-15)

A.

In order to carry out the intent and purpose of this UDO, the City of Decatur, Georgia, is divided into the following zoning and special districts:

B.

Upon adoption of this UDO, land which is presently zoned within an existing zoning classification which has changed names as set forth above shall be reclassified within the applicable new zoning classifications. The boundaries for renamed zoning districts and the conditions of each zoning district remain the same, unless amended in the future in accordance with the provision of Sec. 11.2.2. of this UDO.

A.

The boundaries of zoning districts are shown upon the map designated as the "Zoning District Map," which map, as amended, shall constitute the Official Zoning Map of the City.

B.

The Zoning District Map and all the notations, references and other information shown are a part of this UDO and have the same force and effect as if the Zoning District Map and all the notations, references and other information shown were all fully set forth or described herein, which Zoning District Map is properly attested and is on file with the city clerk of the City, Georgia.

A.

The district boundary lines are intended to follow either streets or alleys or lot lines, and where the districts designated on the Zoning District Map are bounded approximately by a street, alley or lot lines, the centerline of the street or alley or the lot lines shall be the boundary of the district unless such boundary is otherwise indicated on the Zoning District Map.

B.

In all other cases the district boundary lines shall be determined by use of the scale appearing on the Zoning District Map.

Any territory annexed to the City shall continue to be subject to the county, town or city zoning district classifications and regulations as such territory was subject at the time of annexation, until such territory shall have been zoned by the City.

A.

The Comprehensive Land Use Plan is established as the official policy of the City, Georgia, concerning proposed land uses and how land in the City should be used. The City is hereby divided into the following land use categories:

B.

The Comprehensive Land Use Plan does not alter or affect the existing zoning districts in the City, does not effectuate an amendment to the Zoning District Map, and does not itself permit or prohibit any existing land uses.

A.

The boundaries of the various land use districts are shown upon the map designated as the Comprehensive Land Use Plan.

B.

The Comprehensive Land Use Plan and all notations, references and other information are hereby made a part of this UDO and have the same force and effect as if the Comprehensive Land Use Plan and all the notations, references and other information shown thereon were all fully set forth or described herein, which Comprehensive Land Use Plan is properly attested and is on file with the city clerk of the City, Georgia.

C.

All other writings concerning the Comprehensive Land Use Plan are for guidance and informational purposes only, and are not a part of this UDO.

Where uncertainty exists as to the boundaries of any of the land use districts shown on the Comprehensive Land Use Plan, the rules set forth in Sec. 1.3.2. apply.

The land use categories established by the Comprehensive Land Use Plan may be implemented by the establishment of appropriate zoning districts within each category. The zoning districts that are permitted within each land use category are restricted to the following: