(a)

The official title of this chapter (chapter 27) is the Zoning Ordinance of the City of Dunwoody, Georgia. For convenience, it is referred to throughout this chapter 27 as the "zoning ordinance."

(b)

The zoning ordinance is comprised of the text of this chapter and the official zoning maps, both of which are maintained in the community development department. The text and the maps together constitute the zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.10), 10-14-2013)

This zoning ordinance is enacted pursuant to the city's authority to adopt plans and exercise the power of zoning granted by the Ga. Const. art. IX, § II, ¶ IV; by the city's authority to enact regulations and exercise powers granted by the Ga. Const. art. IX, § II, ¶¶ II and III; by authority granted by the state, including but not limited to, the City Charter, 2008 General Assembly Senate Bill 82 2008 Ga. Laws _____ et seq.; by O.C.G.A. § 36-66-2(b); by the city's general police powers; and by other powers and authority provided by federal, state and local laws.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.20), 10-14-2013)

(a)

The regulations of this zoning ordinance apply to all buildings, structures, land and uses within the incorporated area of the city.

(b)

All buildings and structures erected, all uses of land, water, buildings or structures established, all structural alterations or relocations of existing buildings, and all enlargements of, additions to, changes in and relocations of existing uses are subject to all regulations of this zoning ordinance that are applicable to the zoning district in which such buildings, structures, uses or land are located. Existing buildings, structures and uses that comply with the regulations of this zoning ordinance are subject to all regulations of this zoning ordinance. Existing buildings, structures and uses that do not comply with the regulations of this zoning ordinance are authorized to continue, subject to the nonconformity regulations of article VI, division 4.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.30), 10-14-2013)

The provisions of this zoning ordinance become effective on and compliance with its provisions becomes mandatory beginning October 21, 2013, unless otherwise expressly stated in a specific provision of the zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.40), 10-14-2013)

This zoning ordinance is enacted by the mayor and city council in order to promote the public health, safety, morals and general welfare of the residents of the city and to help implement relevant provisions of the comprehensive plan and other adopted plans and policies.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.50), 10-14-2013)

No building or structure, and no use of any building, structure, land, or property, and no lot of record, may be established, constructed, expanded, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.60), 10-14-2013)

In their interpretation and application, the provisions of this zoning ordinance must be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.70), 10-14-2013)

In addition to the requirements of this zoning ordinance, all uses and development must comply with all other applicable state and federal regulations, including requirements for licenses or permits.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.80), 10-14-2013)

(a)

State or federal regulations. If the provisions of this zoning ordinance are inconsistent with those of the state or federal government, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

(b)

Other city regulations. If the provisions of this zoning ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision governs unless otherwise expressly stated.

(c)

Private agreements and covenants.

(1)

This zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by a private agreement or covenant, the provisions of this zoning ordinance control.

(2)

Private restrictive covenants to which the city is not a party are not regulated by or enforced by the city.

(d)

Repeal of conflicting ordinances. All other ordinances or resolutions in conflict with this zoning ordinance are hereby repealed. This provision does not repeal conditions of use, operation, or site development accompanying zoning approvals or permits issued under previous zoning ordinances or resolutions. Modification or repeal of past conditions of approval may be accomplished as authorized and provided by this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.90), 10-14-2013)

The several provisions of this zoning ordinance are separable in accordance with the following rules:

(1)

If any court of competent jurisdiction adjudges any section or provision of this zoning ordinance to be invalid, such judgment does not affect the validity or continued application of zoning ordinance as a whole or any section or provision other than the sections or provisions specifically adjudged to be invalid.

(2)

If any court of competent jurisdiction adjudges as invalid the application of any section or provision of this zoning ordinance to a particular property, building or structure, such judgment does not affect the application of the section or provision to any other property, building or structure.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-1.100), 10-14-2013)

The provisions of this division address the transition from the previous zoning ordinance (the one in effect before the effective date specified in section 27-4) to this zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-2.10), 10-14-2013)

(a)

Any building, development or structure for which a building permit was issued or a complete permit application had been accepted for processing before October 21, 2013, may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the original building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.

(b)

Variances, special exceptions and special permits lawfully authorized and granted prior to effective date specified in section 27-4 remain valid after the effective date specified in section 27-4, provided the terms of the authorization are met.

(c)

Applications for variances, special exceptions and special land use permits that were submitted in complete form and are pending approval on the effective date specified in section 27-4 must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date specified in section 27-4. Building permits for construction and development approved under such zoning approvals may be issued in accordance with subsection (d).

(d)

Building permits may be issued for construction or development approved under subsections (b) and (c) even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.

(e)

When a use classified as a special use under this zoning ordinance exists as a special use, permitted use, nonconforming use or a lawful use by court decree on the effective date specified in section 27-4, such use will be considered a lawfully established special use under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of such amendment. A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of article VI, division 4.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-2.20), 10-14-2013)

(a)

Any violation of the previous zoning ordinance will continue to be a violation under this zoning ordinance and be subject to penalties and enforcement under article VI, division 3.

(b)

If the use, development, construction or other activity that was a violation under the previous ordinance complies with the regulations of this zoning ordinance, enforcement action will cease, except for collecting penalties for violations that occurred before the effective date specified in section 27-4.

(c)

The adoption of this zoning ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in section 27-4.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-2.30), 10-14-2013)

(a)

Any nonconformity under the previous zoning ordinance will also be nonconformity under this zoning ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist.

(b)

If a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.

(c)

A violation under previously applicable zoning ordinances does not achieve (lawful) nonconforming status under this zoning ordinance merely by repeal of the previous zoning ordinance.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-2.40), 10-14-2013)

(a)

R-CH zoning. Lots classified in the R-CH zoning district by the DeKalb County zoning code on April 12, 1999, before the existence of the city, will continue to be classified in the R-CH district. Lots zoned R-CH may be rezoned in accordance with the zoning map amendment procedures of article VI, division 3. The R-CH zoning district regulations in effect in the county on April 12, 1999, as provided in Appendix A, and all applicable existing conditions of zoning, govern the development of the lots zoned R-CH.

(b)

R-CD zoning. Lots classified in the R-CD zoning district by the DeKalb County zoning code on April 12, 1999, before the existence of the city, will continue to be classified in the R-CD zoning district. Lots zoned R-CD may be rezoned in accordance with the zoning map amendment procedures of article VI, division 3. The R-CD zoning district regulations in effect in the county on April 12, 1999, as provided in appendix A, and all applicable existing conditions of zoning, govern the development of the lots zoned R-CD.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-2.50), 10-14-2013; Ord. No. 2021-09-14, § I, 9-27-2021)

Multi-unit residential uses that exist on O-I zoned lots are considered nonconforming uses under the nonconformity regulations of article VI, division 4.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-2.60), 10-14-2013)

The location and boundaries of the zoning districts established by this zoning ordinance are depicted on and maintained as part of the city's geographic information system (GIS), under the direction of the community development director. This "zoning" geographic coverage layer constitutes the City of Dunwoody's official zoning map. The official zoning map—together with all notations, references, data and other information shown on the map—is adopted and incorporated into this zoning ordinance. It is as much a part of this zoning ordinance as if actually depicted within its pages.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-3.10), 10-14-2013)

The community development director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments. No unauthorized person may alter or modify the official zoning map. The community development director may authorize printed copies of the official zoning map to be produced, and must maintain digital or printed copies of superseded versions of the official zoning map for historical reference.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-3.20), 10-14-2013)

(a)

The community development director is the final authority in determining the current zoning status of land, buildings and structures in the city.

(b)

Where uncertainty exists regarding the boundaries of zoning districts as shown on the official zoning maps, the following rules apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys must be construed to follow centerlines of rights-of-way or prescriptive easements. In case of closure of a street or alley, or vacation of any easement, the boundary must be construed as remaining at its previous location unless ownership of the closure or vacated area is divided other than at the center, in which case the boundary must be construed as moving to correspond with the ownership, but not beyond any previous right-of-way or easement line.

(2)

Boundaries indicated as approximately following platted lot lines must be construed as following those lot lines.

(3)

Boundaries indicated as following city limit lines must be construed as following the city limits.

(4)

Boundaries indicated as following railroad lines must be construed to be midway in the railroad right-of-way.

(5)

Boundaries indicated as following shorelines of bodies of water must be construed to follow those shorelines. Boundaries indicated as approximately following the centerlines of creeks, streams, rivers, or other predominantly linear bodies of water must be construed to follow those centerlines.

(6)

Boundaries indicated as parallel to or concentric with, or extensions of features indicated in subsections (b)(1) through (b)(5), must construed to follow those features. Distances and dimensions not specifically indicated on the zoning maps must be determined from the zoning maps by the community development director.

(7)

Where areas appear to be unclassified on the zoning maps, and classification cannot be established by the above rules and there is no other evidence of its existing or past classification, such areas must be considered to be classified R-100 until action is taken by the mayor and city council to amend the zoning maps.

(c)

Where uncertainties continue to exist or further interpretation is required beyond that presented in the above subsections, the question must be presented to the mayor and city council to enact a clarifying ordinance and mayor and city council's action must be recorded on the zoning maps.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-3.30), 10-14-2013)

(a)

The zoning map may not be amended to classify a single parcel of land into two or more base zoning districts. This provision does not apply to overlay zoning districts.

(b)

Parcels may not be divided to create a split-zoned parcel of land (into more than one base zoning district classification). This provision does not apply to overlay zoning districts.

(c)

If an existing parcel of land is split into two or more zoning districts, each such portion of the split-zoned parcel may be used only for purposes allowed within the zoning district that each such portion is classified. No principal or accessory use of land, building or structures, and no use or building or structure authorized by administrative permit, special land use permit, or special exception, is allowed unless the use, building or structure is expressly authorized or permitted within the subject zoning district.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-3.40), 10-14-2013)