This Ordinance regulates the use of land, the location and use of buildings and other site improvements, and the construction of public facilities and private improvements related to the development of land. This Ordinance shall be known as and may be cited as "The Unified Land Development Code of Floyd County and the City of Rome, Georgia" or, for brevity, "The Rome-Floyd County Development Code."

This Ordinance 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.

All conflicting ordinances or parts of ordinances are hereby repealed to the extent of their conflict. Where this Ordinance and another overlap, whichever imposes the more stringent restriction shall prevail.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 Development Code or an amendment to it.

This Ordinance shall take effect for each jurisdiction upon its adoption by, respectively, the City Council and the Board of Commissioners.

a.

The purpose of this Ordinance is: To promote the health, safety, morals and general welfare of the public, and is intended:

(1)

To promote the orderly and beneficial development and expansion of the City and County;

(2)

To provide adequate access to natural light and air;

(3)

To provide adequate water, sewerage, and surface drainage;

(4)

To prevent undesirable overcrowding of population;

(5)

To secure safety from fire, panic, and other dangers;

(6)

To promote the orderly and desirable subdivision of land;

(7)

To insure the orderly and desirable development of streets;

(8)

To promote the orderly and desirable development of public and private utilities and services; and

(9)

To insure proper legal description and recordation of all subdivided land.

b.

In the interpretation and application of this Ordinance all provisions shall be:

(1)

Considered as minimum requirements;

(2)

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

c.

This Ordinance is not intended to repeal, abrogate, or impair any valid easement, covenant or deed restriction duly recorded with the Clerk of the Superior Court.

a.

Use of Land or Structures.

(1)

No structure or land shall hereafter be used, located, extended, converted or structurally altered except in full compliance with the provisions of this ordinance.

(2)

No part of a yard, buffer or off-street parking spaces required in connection with any use or structure for the purpose of complying with this Ordinance shall be included as part of a yard, buffer or off-street parking spaces required for any other use or structure, unless specifically allowed under the provisions of this ordinance.

(3)

Street rights-of-way shall not be considered a part of a lot or front yard setback for the purpose of meeting the minimum requirements of this Ordinance.

b.

Acceptance of Public Streets.

The Governing Body shall not accept a public street unless such street substantially corresponds in its location and lines with a street shown on a preliminary subdivision plat approved under the provisions of this Ordinance.

c.

Recordation and Transfer of Property.

(1)

A properly approved plat must be filed and recorded with the Clerk of the Superior Court on any division of a property into 2 or more lots as required by this Ordinance.

(2)

No construction permit shall be issued on any parcel for which a plat has not been properly filed and recorded with the Clerk of the Superior Court; provided further, that the description of metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring such land shall not exempt the transaction from the requirements of this Ordinance.

d.

Street Frontage Required.

No building permit shall be issued for and no building or other structure shall be erected on any lot unless the street giving access to such lot upon which said building is proposed to be placed shall be accepted, opened, and maintained as a public street prior to that time; shall be guaranteed to be completed, as provided in Section 6.4.6; shall otherwise be maintained by the City or County; or shall have been designated by the City or County as a private street.

e.

One Principal Dwelling on a Lot.

With respect to single-family detached dwellings, one principal building and its customary accessory building may be erected on any one lot except that in the A-R and S-R districts two single-family dwelling units may be permitted on one lot if they are served by on-site sewage disposal as permitted by the Floyd County Health Department.

f.

Lot Reduction Prohibited.

Any yard or lot existing prior to the effective date of this Ordinance or any other subsequent amendment thereto may be reduced in dimension or area below the minimum requirements as set forth in this Ordinance, subject to approval of the Building Official and Planning Director and/or their respective designee(s). Yards or lots created by subdivision after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

a.

Previously Issued Permits.

The provisions of this Ordinance and any subsequent amendments shall not affect the validity of any lawfully issued and effective building or development permit if:

(1)

The development activity or building construction authorized by the permit has been commenced prior to the effective date of this Ordinance or the amendment, or will be commenced after such effective date but within 6 months of issuance of the permit; and

(2)

The development activity or building construction continues without interruption (except because of war or natural disaster) until the development or construction is complete. If the permit expires, any further development or construction on that site shall occur only in conformance with the requirements of this Ordinance in effect on the date of the permit expiration.

b.

Governmental Bodies.

All Governmental Bodies and authorities generally, legally exempt from regulation under the police power of Floyd County or the City of Rome shall not be exempt from the regulations contained in this Ordinance.

Lawful nonconforming uses, structures, lots and signs are declared by this Ordinance to be incompatible with land uses, structures, lots and signs that conform to the requirements of the zoning districts in which the nonconformity exists.

a.

Nonconforming Uses.

(1)

To avoid undue hardship, the lawful but nonconforming use of any structure or land at the time of the enactment of this Ordinance or any subsequent amendment may be continued even though the use does not conform to the provisions of this Ordinance, except that the nonconforming use:

(a)

Shall not be changed to another nonconforming use.

(b)

Shall not be re-established after its removal from the property or its discontinuance for 12 months or more.

(c)

Shall not be repaired, rebuilt or altered after damage exceeding 50% of its replacement cost at the time of destruction.

(d)

Shall not be enlarged or altered in a way that increases its nonconformity if the structure or land is located in the city.

(e)

Shall not be enlarged or altered in any way that increase its nonconformity if the structure or land is located in the county unless the nonconforming use shall comply with all applicable building codes, setback requirements, lot size requirements, and public safety issues that exist for the least restrictive zoning district in which the current use would normally be allowed.

(2)

Exceptions.

(a)

The strengthening or restoration to a safe condition of any structure or part thereof declared to be unsafe by an official charged with protecting the public safety or health shall be allowed upon order of such official.

(b)

A nonconforming single-family detached, duplex or triplex may be repaired, rebuilt or replaced after damage exceeding 50% by approval as a special use, in accordance with the procedures of Article 2; provided, however, that a tri-plex dwelling constructed prior to the adoption of the code may be repaired, rebuilt, or replaced after damage exceeding 50%; and may be re-established after its removal from the property or its discontinuance for 12 months or more as a use permitted by right in the D-R Duplex-Residential zoning district.

(c)

A use that was lawfully established prior to the adoption, revision or amendment of this Ordinance, but which, by reason of such adoption, revision or amendment now requires approval as a Special Use in the zoning district where the use is located, shall not be considered a nonconforming use under the provisions of this Ordinance, and therefore is not subject to the prohibitions on enlargement or alteration of an existing use.

(d)

Maintenance, repair and replacement of deteriorated elements such as roofs, foundations, windows, walls, fixtures and systems (plumbing, electrical, HVAC) shall be allowed if such maintenance, repair or replacement will not expand, enlarge or alter the use or structure in a way that increases its nonconformity; and if such maintenance will not exceed 50% of the replacement cost at the time.

b.

Nonconforming Structures.

(1)

A nonconforming structure may continue to be occupied and used, except that the nonconforming structure:

(a)

Shall not be repaired, rebuilt or altered after damage exceeding 50% of its replacement cost at the time of destruction.

(b)

Shall not be enlarged or altered in a way that increases its nonconformity.

(2)

Exceptions.

(a)

The strengthening or restoration to a safe condition of any structure or part thereof declared to be unsafe by an official charged with protecting the public safety or health shall be allowed upon order of such official.

(b)

A nonconforming single-family detached, duplex or triplex dwelling may be repaired, rebuilt or replaced after damage exceeding 50% by approval as a special use, in accordance with the procedures of Article 2; provided, however, that a tri-plex dwelling constructed prior to the adoption of the code may be repaired, rebuilt, or replaced after damage exceeding 50%; and may be re-established after its removal from the property or its discontinuance for 12 months or more as a use permitted by right in the D-R Duplex-Residential zoning district.

(c)

Maintenance, repair and replacement of deteriorated elements such as roofs, foundations, windows, walls, fixtures and systems (plumbing, electrical, HVAC) shall be allowed if such maintenance, repair or replacement will not expand, enlarge or alter the structure in a way that increases its nonconformity; and if such maintenance will not exceed 50% of the replacement cost at the time.

c.

Nonconforming Lots.

(1)

Where the owner of a legal lot of record at the time of the adoption of this Ordinance does not own sufficient land to conform to the minimum lot size or lot width requirement of this Ordinance, such lot may nonetheless be used as a building site provided that access to a public street is provided directly or through a recorded easement, and further provided that the minimum building setbacks are not reduced below the minimum specified in this Ordinance.

d.

Nonconforming Signs.

(1)

Permanent Signs.
A nonconforming sign that is permanently affixed to the ground or to a building may continue to be used, except that the nonconforming sign:

(a)

Shall not be replaced except in conformity with the provisions of this Ordinance.

(b)

Shall not be repaired, rebuilt or altered after damage exceeding 50% of its replacement cost at the time of destruction.

(c)

Shall not be enlarged or altered in a way that increases its nonconformity.

(2)

Permanent Signs in the County.
Section 1.4.3(d)(1) shall have application only in the city, and Section 1.4.3(d)(2) shall have application only in the county. In the county, a nonconforming sign structure that is permanently affixed to the ground or to a building may continue to be used or repaired as a legal, nonconforming use except:

(a)

If the repair of a sign structure or any portion thereof causes the area of the sign face to the be greater than 110% of the area of the previous sign face, then the sign structure may be repaired but only in conformance with the provisions of Article 5 Sign Regulations of this Ordinance; and

(b)

If the repair of a sign structure or any portion thereof relates to anything other than minor repairs such as painting, replacement of defective parts, cleaning or similar minor maintenance to a sign designed to keep a sign at an acceptable functional and aesthetic level, then the sign structure may be repaired but only in conformance with the provisions of Article 5 Sign Regulations of this Ordinance.

a.

The Chief Building Official shall be responsible for the interpretation of the requirements, standards, definitions or any other provision of this Ordinance.

b.

Interpretations of the Chief Building Official may be appealed under the provisions of Article 2 relating to Appeals.

Figures associated with defined terms or regulatory paragraphs in this Ordinance 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.

For the purpose of this Ordinance, 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 tense include the plural tense, and words used in the plural tense include the singular tense. The masculine person "he" or "his" also means "her" or "hers."

b.

Use of the capitalized word "City" refers to the government of the City of Rome, Georgia, while the lower case word "city" refers to its incorporated geographical area.

c.

Use of the capitalized word "County" refers to the government of Floyd County, Georgia, while the lower case word "county" refers to its unincorporated geographical area.

d.

References to the "City" and to the City Commission and any public officials or appointed bodies of the City not otherwise named by political jurisdiction or defined in this Ordinance shall always mean the City of Rome, Georgia, and its Governing Body, appointed or employed officials, and appointed bodies as named.

e.

References to the "County" and to the County Commission and any public officials or appointed bodies of the County not otherwise named by political jurisdiction or defined in this Ordinance shall always mean Floyd County, Georgia, and its Governing Body, appointed or employed officials, and appointed bodies as named.

f.

References to public officials, departments or appointed bodies of jurisdictions other than Floyd County or the City of Rome shall always mean such persons or bodies having jurisdiction over or relative to Floyd County or the City of Rome, Georgia. These may include one or more of the following:

(1)

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

(2)

The Floyd County Health Department.

(3)

Rome/Floyd County Historic Preservation Commission.

(4)

The Coosa River Soil and Water Conservation District.

(5)

The Coosa Valley Regional Development Center.

(6)

The Georgia Departments of Natural Resources and Transportation.

(7)

The United States Army Corps of Engineers, the Federal Aviation Administration, the Federal Emergency Management Agency and the Environmental Protection Agency, the Natural Resource Conservation Service.

g.

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.

h.

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

i.

The word "and" indicates that all of 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.

j.

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."

k.

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 Ordinance.

l.

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

m.

The word "day" shall mean a calendar day unless otherwise specified.

a.

All words and phrases shall be interpreted within the context of the sentence, paragraph, section and Article in which they occur.

b.

Words and phrases defined in this Ordinance 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. Words and phrases not defined in this Ordinance shall be construed to have the meaning given by common and ordinary use as defined by a contemporary dictionary.