The title is the "Zoning Ordinance of the City of Emerson."

These regulations shall apply to all present and future land development located within the incorporated area of Emerson, Georgia. The requirements contained herein are declared to be minimum requirements necessary to carry out the purpose of this ordinance. This ordinance shall regulate the height, number of stories, and the size of buildings and other structures; the percentage of [a] lot that may be occupied; the size of yards and other open spaces; the density and distribution of population; the location and use of buildings and other structures; and the use, condition of use or occupancy of land and trade, industry, housing, recreation, transportation, agriculture or for any other purpose; creating districts for said purposes and establishing the boundaries thereof; defining certain terms used herein; providing for the method of administration, enforcement and amendment; providing penalties and resolutions and for other purposes.

A.

Promote orderly growth and development based on physical, social, and economic needs, environmental considerations, and public facilities and services.

B.

Provide for the development of adequate commercial facilities on both city-wide and neighborhood levels while retaining existing facilities.

C.

To achieve such timing, density, and distribution of land development and use as will prevent overloading public infrastructure systems for providing water supply, sewage disposal, drainage, sanitation, police and fire protection, and other public services.

D.

Promote a diversified housing market, encourage, promote and facilitate high quality design, construction and landscape measures for new developments in a variety of ways, including flexible zoning and development regulations, coherent development standards, and innovative planning ideas.

E.

Establish appropriate planning procedures and innovative planning tools to guide growth and development.

F.

To encourage such distribution of population, land development and use as will facilitate the efficient and adequate provision of public services and facilities.

G.

Provide a diverse mix of residential types to serve the varying housing needs of Emerson's existing and future population. To achieve such density, design, and distribution of housing as will protect and enhance residential property values and facilitate the provision of adequate housing for every citizen.

H.

Increase the viability of businesses in downtown Emerson.

I.

Promote innovative, environmentally sensitive design and development.

J.

To prevent flooding of improved property.

K.

Promote balanced growth and diversity in residential development, business, and industry.

L.

Continue to address the issues of pollution and its effect on natural resources (i.e., water, air, noise, visual, ground).

M.

Retain existing offices and professional businesses and provide for the development of suitable areas for business and professional offices.

N.

Retain existing compatible industry and preserve adequate land, services, and facilities for expansion and growth of light, clean industrial activities.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance be declared unconstitutional or invalid, it shall not affect any of the remaining phrases, clauses, sentences, paragraphs and section of this ordinance.

This ordinance shall be effective immediately upon its adoption by the mayor and council.

A.

This is the zoning ordinance of the City of Emerson, and all other conflicting ordinances or resolutions 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 or use permits issued under previous zoning ordinances or resolutions; however, modification or repeal of these past conditions of approval may be accomplished as provided by this ordinance.

B.

All variances and exceptions heretofore granted shall remain in full force and effect and all terms, conditions and obligations imposed shall remain in full force and effect and be binding. Prior ordinances shall remain in effect insofar as required for the initiation of any proceedings against violations thereof and for the prosecution of any violations heretofore commenced.

C.

Notwithstanding anything contained herein and notwithstanding any zoning classification change, all previous special stipulations, conditions, restrictions, agreements and terms contained in prior zoning ordinances shall remain in full force and effect and shall not be amended by this document and shall carry forward to any new zoning classification and shall be binding upon said property. Prior ordinances shall remain in effect and shall remain as such special stipulations, conditions, restrictions, agreements and terms, even though the zoning category itself may be changed hereunder.

D.

In the event all of this ordinance is struck down as void, unconstitutional or invalid, including therefore this provision, that prior ordinance shall be considered to not have been repealed, and shall therefore still be in effect.

Nothing in this ordinance shall require any change in the development or proposed use of properties which are legally under construction or for which a development plan or preliminary plat has been approved within two years of the effective date of this ordinance and the development of which shall be commenced within one year after the effective date of this ordinance. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.