This chapter establishes zoning regulations for the city and provides for the division of land areas for various uses, regulates development of land parcels. This chapter also provides for its administration, enforcement, and amendment.

(Ord. No. 2008-10Z, exh. A, § 1.01, 8-25-2008; Ord. of 10-28-2019(1))

This chapter is adopted under the authority of the Charter of the city, as approved by the governor, and under the authority granted to municipal corporations by the laws of the state.

(Ord. No. 2008-10Z, exh. A, § 1.03, 8-25-2008; Ord. of 10-28-2019(1))

This chapter has been made in accordance with the comprehensive plan of the city, designed for the purposes of, among others, promoting public health, safety, convenience and general welfare; lessening congestion in the streets; securing safety from fire, panic, and other dangers; providing adequate light and air; encouraging such timing, density and distribution of land development and uses as will facilitate an economic and adequate provision of transportation, communication, water supply, drainage, sanitation, education, recreation and other public requirements; protecting property against blight and depreciation; preventing the overcrowding of land and undue concentration of population and urban sprawl; encouraging the most appropriate use of land, buildings, and other structures throughout the city; and for other purposes. These regulations have been developed with reasonable consideration of the character of various zoning districts and their peculiar suitability for particular uses, and with the general objective of promoting desirable living environments, stable neighborhoods, sound commercial and industrial areas and protecting the city's natural resources.

(Ord. No. 2008-10Z, exh. A, § 1.04, 8-25-2008; Ord. of 10-28-2019(1))

Editor's note— An ordinance adopted Oct. 28, 2019 repealed § 80-4, which pertained to definitions and derived from Ord. No. 2008-10Z, exh. A, §§ 2.01, 2.02, adopted Aug. 25, 2008; Ord. No. 2012-04, § 1(Exh. A), adopted June 11, 2012; Ord. No. 2013-18, § 1(Exh. A), adopted Sept. 9, 2013; Ord. No. 2013-25, § 1, adopted Oct. 14, 2013; Ord. No. 2013-26, § 1, adopted Oct. 14, 2013; Ord. No. 2014-01, § 1, adopted Feb. 14, 2014; and Ord. No. 2014-09, adopted June 9, 2014. See § 80-478 for current provisions.

In their interpretation and application, the provisions of this chapter shall be construed to be the minimum requirements or maximum limitations, as the case may be, commensurate with promotion of the purposes of zoning and adopted for the promotion of the public health, safety or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other government officially adopted statutes, rules, regulations, ordinances, deed restrictions, covenants or codes, the most restrictive or that imposing the highest standards shall govern.

(Ord. No. 2008-10Z, exh. A, § 16.01, 8-25-2008)

(a)

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 chapter.

(b)

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

(Ord. No. 2008-10Z, exh. A, § 16.04, 8-25-2008; Ord. of 10-28-2019(1))

Nothing in this chapter shall require any change in the development or proposed use of properties which are legally under construction as provided in section 80-171 or for which a development plan or preliminary plat has been approved at the effective date of the ordinance from which this chapter is derived and the development of which shall be commenced within one year after the effective date of the ordinance from which this chapter is derived. Further, nothing in this chapter shall prohibit the use of property in any manner lawfully permitted immediately prior to the effective date of the ordinance from which this chapter is derived, provided a building permit is obtained, and construction thereunder is commenced, within 12 months after the effective date of the ordinance from which this chapter is derived, even though such use may be prohibited by the terms of this chapter.

(Ord. No. 2008-10Z, exh. A, § 16.05, 8-25-2008; Ord. of 10-28-2019(1))

If any structure is constructed, reconstructed, altered, repaired, converted or maintained, or if any structure or land is used in violation of this chapter, the city administrator, code enforcement officer or adjacent property owner who would be damaged by such violation, in addition to other remedies, may institute an injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such structure or land use.

(Ord. No. 2008-10Z, exh. A, § 16.06, 8-25-2008; Ord. of 10-28-2019(1))

The review and approval procedures of this zoning ordinance are intended to comply with the provisions of the Georgia Procedures Law, O.C.G.A. § 36-66-1 et seq., which is incorporated by reference in its entirety. If any provision of this zoning ordinance is in conflict with any provision of the Zoning Procedures Law, the Zoning Procedures Law controls. This does not apply to procedures that are more restrictive than those established by the Georgia Zoning Procedures Law.

(Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)