A.

Title and authority.

1.

Title. This Unified Development Ordinance (UDO) shall be known as and may be cited as "The Unified Development Ordinance of the City of Douglasville, Georgia" or, for brevity, "UDO."

2.

Authority. This UDO is adopted under authority of article 9, section 2, paragraphs 3 and 4 of the Constitution of the State of Georgia, and pursuant to the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.) and other applicable laws enacted by the General Assembly.

B.

Adoption.

1.

Repeal of conflicting laws. All conflicting city laws or parts of laws are hereby repealed to the extent of their conflict. Where this UDO overlaps with other requirements adopted by the city council, whichever imposes the more stringent restrictions shall prevail.

2.

Severability. If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this UDO or any amendment to it is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this UDO or an amendment to it.

C.

Purpose and intent. This UDO regulates the use of land and the location and use of buildings and other site improvements.

1.

Purpose. The purpose of this UDO is to promote the health, safety, morals and general welfare of the public, and is intended:

a.

To promote the orderly and beneficial development and expansion of the city;

b.

To provide adequate access to natural light and air;

c.

To prevent undesirable overcrowding of population or congestion in the streets;

d.

To secure safety from fire, panic and other dangers;

e.

To facilitate the orderly and desirable provision of streets and other transportation facilities;

f.

To insure the adequate provision of water, sewer, schools, parks and other public requirements;

g.

Protect and preserve residential neighborhoods;

h.

To improve the aesthetic appearance of the city; and,

i.

To encourage the most appropriate use of land and buildings in accordance with the city's comprehensive plan.

2.

Intent in interpretation. In the interpretation and application of this UDO all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the city; and,

c.

Deemed neither to limit nor repeal any other powers granted under state statutes.

3.

Intent relative to private property agreements. This UDO is not intended to repeal, abrogate, or impair any valid easement, covenant or deed restriction duly recorded with the clerk of the superior court, to the extent that such easement, covenant or deed restriction is enforceable under law and more restrictive than the requirements imposed by this UDO.

D.

Interpretation.

1.

Responsibility for interpretation.

a.

The zoning official shall be responsible for the interpretation of the requirements, standards, definitions or any other provision of this UDO or the zoning map. Upon written request for an interpretation, the zoning official shall respond in writing within five days.

b.

Interpretations of the zoning official may be appealed to the city council under the provisions of this UDO relating to appeals. Upon any request for an interpretation, the zoning official may decline to provide an interpretation and request a ruling by the city council within 30 days of the request, and such proceeding shall be considered an appeal.

2.

Use of figures for illustration. Figures associated with defined terms or regulatory paragraphs in this UDO are provided for illustration only and do not limit or change the meaning of the term as defined or the requirements of the regulation as written.

3.

Use of words and phrases. For the purpose of this UDO, the following shall apply to the use of words and phrases:

a.

Words used in the present tense include the future tense. Words used in the singular number include the plural number, and words used in the plural number include the singular number. The masculine person "he" or "his" also means "her" or "hers."

b.

References to the "city" and to the city council and any public officials or appointed bodies of the city not otherwise named by political jurisdiction or defined in this UDO shall always mean the City of Douglasville, Georgia, and its governing body, appointed or employed officials, and appointed bodies as named. These include:

1)

The city manager, appointed as such by the city council, or the city manager's designee.

2)

The zoning official, appointed as such by the city council, or the zoning official's designee.

3)

The building official, appointed by the community development director as such under the building code, or the building official's designee.

4)

The board of adjustments and appeals, created as such and appointed by the mayor.

5)

The planning commission, as designated by the city council to consider and make recommendations on zoning changes.

c.

References to an administrative department of the city shall always mean the department created by the city council as such. These include:

1)

Community development department: References to action by the "community development department" shall mean action by that administrative official to whom responsibility for that action has been assigned by the community development director.

2)

Fire department: A reference to action by the "fire department" shall mean action by that administrative official of the Douglas County Fire Department to whom responsibility for that action has been assigned by the fire chief.

3)

Zoning official refers to the director of the city community development department or their designee, including but not limited to the zoning clerk, all code compliance officers, all police officers, and any acting zoning official.

d.

References to public officials, departments or appointed bodies of jurisdictions other than Douglasville shall always mean such persons or bodies having jurisdiction over or relative to Douglasville, Georgia. These include:

1)

The Clerk of the Superior Court of Douglas County, Georgia.

2)

The Douglas County Health Department.

3)

The West Georgia Soil and Water Conservation District.

4)

The Atlanta Regional Commission.

5)

The Georgia Departments of Natural Resources (DNR) and Transportation (GDOT).

6)

The Georgia Regional Transportation Authority (GRTA).

7)

The United States Army Corps of Engineers, the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the Federal Emergency Management Agency (FEMA) and the Environmental Protection Agency (EPA).

8)

The Water Sewer Authority (WSA) of Douglasville-Douglas County.

e.

The word "person" is intended to include any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this State, any interstate body or any other legal entity.

f.

The words "shall," "will," "is to" and "must" are always mandatory and not discretionary, while the word "may" is permissive.

g.

The word "and" indicates that all the conditions, requirements or factors so connected must be met or fulfilled, while the word "or" indicates that at least one condition, requirement or factor so connected must be met.

h.

The term "such as" is intended to introduce one or more examples in illustration of a requirement or point and is intended to mean "including but not limited to the following."

i.

The verbs "zone" and "rezone" have the same meaning and refer to the act of amending the official zoning map through the process established by this UDO.

j.

The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts established under this UDO.

k.

The word "day" means a calendar day unless otherwise specified as a business day, which means Monday through Friday.

l.

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."

m.

The word "map" or "zoning map" means the official Zoning Map of Douglasville, Georgia, and may include a series of maps in sections.

4.

Meaning of words and phrases.

a.

All words and phrases are to be interpreted within the context of the sentence, subparagraph, paragraph, subsection, section and article in which they occur.

b.

Words and phrases defined.

1)

Words and phrases defined in this UDO shall be interpreted as defined without regard to other meanings in common or ordinary use, unless the context of the word or phrase indicates otherwise.

2)

Words and phrases not defined in this UDO or in any other ordinance of the city shall be construed to have the meaning given by common and ordinary use as defined by a common English dictionary.

5.

Computation of time. Except as otherwise provided, when a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday or a city holiday when City Hall is closed, the party having such privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and city holidays shall be excluded in the computation.

6.

Decision making responsibilities.

a.

There are three basic categories of development reviews pursuant to this UDO:

1)

Legislative reviews — involve a change in land use policy. A public hearing is required, and final approval must be made by the city council after or upon staff recommendation. Examples include rezoning decisions, final plat approvals, and comprehensive plan amendments.

2)

Quasi-judicial reviews — involves the application of discretionary standards required by this UDO to an application. It requires procedural due process and a public hearing before the board of adjustments and appeals or city council. Examples include, special land use permits, temporary land use permits, variances other than administrative variances, and appeals of administrative decisions, as well as design reviews that require interpretation of a set of design guidelines.

3)

Administrative reviews — involve the application of the standards of the UDO to an application by the community development director or their designee. A public hearing is not required. An administrative approval typically occurs late in the development process. Examples include development plans not requiring rezoning, administrative variances, building permits, sign permits, special event permits, and certificates of occupancy.

(Ord. No. O-2021-1, §§ 1, 2, 2-15-21)

A.

Purpose. This article defines the zoning districts in the city and identifies the specific uses to which land and structures may be put in the various zoning districts, including certain uses or structures for which special approval is needed.

B.

Zoning districts; established. For the purpose of this UDO, the City of Douglasville is divided into zoning districts as follows:

(Ord. No. O-2024-2, § 1, 1-16-24)

A.

Official zoning map.

1.

The boundaries of the various zoning districts are shown on a map entitled "Official Zoning Map of the City of Douglasville, Georgia" adopted on the date of adoption of this UDO, and as amended thereafter from time to time.

2.

The "Official Zoning Map of the City of Douglasville, Georgia" is adopted as the official zoning map and is hereby made a part of this UDO, and all notations, references and other information shown on it shall be a part of this UDO.

3.

The official zoning map, as adopted by the city council and subsequently amended from time to time by its action, shall be maintained and available for inspection in the planning and zoning department. A certified copy shall be kept permanently in the office of the city clerk.

B.

Flood hazard boundary map. The official zoning map is supplemented by an official flood hazard boundary map for the incorporated area of Douglasville. The flood hazard boundary map as hereby adopted consists of a map depicting the 100-year floodplains and identified as the Flood Insurance Ratings Map of the Corps of Engineers, Douglasville, Georgia, as set forth on file and available for inspection in the office of the city clerk, and data extracted from U.S. Army Corps of Engineers reports.

1.

Purpose of flood hazard map. The flood hazard boundary map is intended to give the general location of flood hazard areas. Hydrological studies, engineering computations, flood records, and field surveys compiled and certified by a registered professional engineer may be required.

2.

Correction and amendment of map. As additional engineering and hydrological data including U.S. Army Corps of Engineers reports become available for specific properties or for entire streams which demonstrate to the satisfaction of the community development department that a more exact delineation of the flood hazard boundary lines may be established, the community development director shall propose such corrections to amend the official flood hazard boundary map for adoption by the mayor and city council.

C.

Changes to the official zoning map. No changes of any nature shall be made to the official zoning map except in conformity with amendments to the map approved by the city council or by adoption of a new official zoning map.

D.

Interpretation of boundaries.

1.

The boundaries of the districts as shown on the official zoning map shall be determined based on the legal descriptions associated with approved zoning petitions, or, lacking such legal descriptions, on the basis of the location of the boundary as depicted on the official zoning map along with any dimensions shown.

2.

Where uncertainty exists with respect to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

a.

Unless otherwise indicated, the district boundary lines are construed to be the property lines, a line lying in the center of a stream or drainage way, or the city limits of Douglasville.

b.

Where a district boundary line parallels a street, highway or railroad right-of-way but no dimension is given, the distance shall be scaled from the official zoning map.

c.

Where a district boundary line divides a lot that is of single ownership at the time of the effective date of this UDO, the zoning classification of the least restricted portion may be interpreted to extend into the remainder of the lot.

d.

In the event the exact location of a boundary cannot be determined by the foregoing methods, the mayor and city council shall, upon application, determine the location of the boundary.

A.

Zoning changes requested by a property owner. Upon submission of a valid application for a rezoning or special use approval by an applicant, no permits shall be issued nor, shall any actions be undertaken on the subject property of the application that may be affected by the outcome of such zoning change.