- ZONING AND OVERLAY DISTRICTS10
Editor's note— An amendment dated November 1, 2007, amended chapter 9 to read as herein set out. Formerly, chapter 9, §§ 9-1.1—9-1.4, 9-2.1—9-2.7 pertained to similar subject matter and derived from Amd. of 3-26-2001; Amd. of 11-12-2002; Amd. of 9-25-2003; Amd. of 6-21-2004; Amd. of 12-20-2004.
Where uncertainty exists with respect to the boundaries of any of the aforementioned zoning or overlay districts as shown on the official zoning map, official overlay district map, or both, the following rules shall apply:
(Amd. of 11-1-2007)
For the purpose of this Code, unincorporated Forsyth County, Georgia, is divided into use districts designated as follows:
(a)
Res1 single family residential district;
(b)
Res2 single family residential district;
(c)
CR2 Single family community residential district;
(d)
Res3 single family residential district;
(e)
Res4 single family residential district;
(f)
Res6 multi-family residential district;
(g)
MHP manufactured home park district;
(h)
R1R single family residential restricted district;
(i)
CR1 single family community residential district;
(j)
R1 single family residential district;
(k)
R2R single family residential restricted district;
(l)
OSR open space residential district;
(m)
R2 single family residential district;
(n)
R3 multi-family residential district;
(o)
R4 mobile home park district
(p)
LR lake residential district;
(q)
NS neighborhood shopping district;
(r)
UV urban village district;
(s)
HB highway business district;
(t)
CBD commercial business district;
(u)
HC heavy commercial district;
(v)
BP business park;
(w)
O&I office and institutional district;
(x)
OR office residential district;
(y)
OCMS office commercial multiple story district;
(z)
M1 restricted industrial district;
(aa)
M2 heavy industrial district;
(bb)
MINE mining operations district;
(cc)
A1 agricultural district;
(dd)
Ag RES agricultural residential district;
(ee)
PUD planned unit development district;
(ff)
MPD master planned district.
(gg)
MCD mixed-use center district.
(hh)
MRD mixed-residential district.
(Amd. of 11-1-2007; Amd. of 7-1-2010; Amd. of 4-2-2015; Amd. of 11-4-2021; Ord. of 10-20-2022)
For the purpose of this Code, certain portions of unincorporated Forsyth County, Georgia, is divided into overlay districts designated as follows:
(a)
Protected water supply watershed overlay districts;
(b)
Protected groundwater recharge area overlay districts;
(c)
The Etowah River Corridor Protection District;
(d)
Wetland protection district overlays;
(e)
Atlanta Highway-McFarland Parkway-Mullinax Road Overlay District;
(f)
Castleberry-Bethelview Crossroads Overlay Zoning District;
(g)
Peachtree Parkway-Bethelview Road Overlay District;
(h)
Ronald Reagan/Union Hill Overlay District;
(i)
Campground-Castleberry-Kelly Mill-Pittman-Post-Shiloh Road Overlay District;
(j)
Buford Highway Overlay District;
(k)
Coal Mountain Overlay District.
(l)
Coal Mountain Town Center Overlay District.
(Amd. of 11-1-2007; Amd. of 5-5-2011; Amd. of 5-3-2012; Amd. of 2-6-2014; Amd. of 1-4-2018; Amd. of 3-15-2023)
The boundaries of the aforementioned zoning districts are hereby established as shown on a map entitled "Official Zoning Map off Forsyth County," which along with any explanatory matter thereon is hereby made a part of this Code and shall be on file in the office of the Department of Planning and Community Development, Forsyth County, Georgia, said map being marked as Exhibit "A" and attached hereto.
(Amd. of 11-1-2007; Amd. of 12-1-2011)
The boundaries of the aforementioned overlay districts are hereby established as shown on a map entitled "Official Zoning Map of Forsyth County," which is hereby made a part of this Code and shall be on file in the office of the Department of Planning and Community Development, Forsyth County, Georgia, said map being marked as Exhibit "A" and attached hereto. Alternatively, the department of planning and community development may elect to present the overlay district boundaries on a separate map or maps entitled "Official Overlay District Map of Forsyth County," which if such alternative is chosen shall along with any explanatory matter thereon be made a part of this Code and shall be on file in the office of the Department of Planning and Community Development, Forsyth County, Georgia, said map or maps being marked as Exhibit "B" and attached hereto.
(Amd. of 11-1-2007; Amd. of 12-1-2011)
Where boundaries are indicated as approximately following property lines or such lines extended, such property lines or such lines extended, as indicated by boundary survey, deed, or legal description maintained in the official file of said zoning adoption or amendment, if available, or if not available such survey, deed, or legal description for such property in question recorded in the official records of the Clerk of Superior Court, Forsyth County, shall be construed to be such boundaries.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately following the centerlines of streets or highways, the actual centerlines shall be construed to be the boundaries. In cases where the centerline of a street or highway is a zoning district boundary and such street or highway is abandoned or vacated, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned street or highway.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately following the county line, or the corporate limits line of any incorporated place, of the militia district line of any militia district, of the land lot line of any land lot, the actual county line, corporate limits line, militia district line or land lot line shall be construed to be such boundaries.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately parallel to the center line of streets or highways, such district boundaries, unless specifically indicated, shall be construed as being actually parallel thereto and at a distance of 150, 300, 500 or 1,000 feet from the center line of such streets and highways, each above district boundary being shown at scale on the aforementioned map or maps.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately following the centerline of streambeds or riverbeds, such actual centerline shall be construed to be such boundaries.
(Amd. of 11-1-2007)
In the case where the exact location of a boundary cannot be determined by the foregoing methods, the planning and community development director shall make such a determination which may be appealed to the zoning board of appeals in accordance with procedures and requirements for appeals as specified by this Code.
(Amd. of 11-1-2007; Amd. of 12-1-2011)
- ZONING AND OVERLAY DISTRICTS10
Editor's note— An amendment dated November 1, 2007, amended chapter 9 to read as herein set out. Formerly, chapter 9, §§ 9-1.1—9-1.4, 9-2.1—9-2.7 pertained to similar subject matter and derived from Amd. of 3-26-2001; Amd. of 11-12-2002; Amd. of 9-25-2003; Amd. of 6-21-2004; Amd. of 12-20-2004.
Where uncertainty exists with respect to the boundaries of any of the aforementioned zoning or overlay districts as shown on the official zoning map, official overlay district map, or both, the following rules shall apply:
(Amd. of 11-1-2007)
For the purpose of this Code, unincorporated Forsyth County, Georgia, is divided into use districts designated as follows:
(a)
Res1 single family residential district;
(b)
Res2 single family residential district;
(c)
CR2 Single family community residential district;
(d)
Res3 single family residential district;
(e)
Res4 single family residential district;
(f)
Res6 multi-family residential district;
(g)
MHP manufactured home park district;
(h)
R1R single family residential restricted district;
(i)
CR1 single family community residential district;
(j)
R1 single family residential district;
(k)
R2R single family residential restricted district;
(l)
OSR open space residential district;
(m)
R2 single family residential district;
(n)
R3 multi-family residential district;
(o)
R4 mobile home park district
(p)
LR lake residential district;
(q)
NS neighborhood shopping district;
(r)
UV urban village district;
(s)
HB highway business district;
(t)
CBD commercial business district;
(u)
HC heavy commercial district;
(v)
BP business park;
(w)
O&I office and institutional district;
(x)
OR office residential district;
(y)
OCMS office commercial multiple story district;
(z)
M1 restricted industrial district;
(aa)
M2 heavy industrial district;
(bb)
MINE mining operations district;
(cc)
A1 agricultural district;
(dd)
Ag RES agricultural residential district;
(ee)
PUD planned unit development district;
(ff)
MPD master planned district.
(gg)
MCD mixed-use center district.
(hh)
MRD mixed-residential district.
(Amd. of 11-1-2007; Amd. of 7-1-2010; Amd. of 4-2-2015; Amd. of 11-4-2021; Ord. of 10-20-2022)
For the purpose of this Code, certain portions of unincorporated Forsyth County, Georgia, is divided into overlay districts designated as follows:
(a)
Protected water supply watershed overlay districts;
(b)
Protected groundwater recharge area overlay districts;
(c)
The Etowah River Corridor Protection District;
(d)
Wetland protection district overlays;
(e)
Atlanta Highway-McFarland Parkway-Mullinax Road Overlay District;
(f)
Castleberry-Bethelview Crossroads Overlay Zoning District;
(g)
Peachtree Parkway-Bethelview Road Overlay District;
(h)
Ronald Reagan/Union Hill Overlay District;
(i)
Campground-Castleberry-Kelly Mill-Pittman-Post-Shiloh Road Overlay District;
(j)
Buford Highway Overlay District;
(k)
Coal Mountain Overlay District.
(l)
Coal Mountain Town Center Overlay District.
(Amd. of 11-1-2007; Amd. of 5-5-2011; Amd. of 5-3-2012; Amd. of 2-6-2014; Amd. of 1-4-2018; Amd. of 3-15-2023)
The boundaries of the aforementioned zoning districts are hereby established as shown on a map entitled "Official Zoning Map off Forsyth County," which along with any explanatory matter thereon is hereby made a part of this Code and shall be on file in the office of the Department of Planning and Community Development, Forsyth County, Georgia, said map being marked as Exhibit "A" and attached hereto.
(Amd. of 11-1-2007; Amd. of 12-1-2011)
The boundaries of the aforementioned overlay districts are hereby established as shown on a map entitled "Official Zoning Map of Forsyth County," which is hereby made a part of this Code and shall be on file in the office of the Department of Planning and Community Development, Forsyth County, Georgia, said map being marked as Exhibit "A" and attached hereto. Alternatively, the department of planning and community development may elect to present the overlay district boundaries on a separate map or maps entitled "Official Overlay District Map of Forsyth County," which if such alternative is chosen shall along with any explanatory matter thereon be made a part of this Code and shall be on file in the office of the Department of Planning and Community Development, Forsyth County, Georgia, said map or maps being marked as Exhibit "B" and attached hereto.
(Amd. of 11-1-2007; Amd. of 12-1-2011)
Where boundaries are indicated as approximately following property lines or such lines extended, such property lines or such lines extended, as indicated by boundary survey, deed, or legal description maintained in the official file of said zoning adoption or amendment, if available, or if not available such survey, deed, or legal description for such property in question recorded in the official records of the Clerk of Superior Court, Forsyth County, shall be construed to be such boundaries.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately following the centerlines of streets or highways, the actual centerlines shall be construed to be the boundaries. In cases where the centerline of a street or highway is a zoning district boundary and such street or highway is abandoned or vacated, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned street or highway.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately following the county line, or the corporate limits line of any incorporated place, of the militia district line of any militia district, of the land lot line of any land lot, the actual county line, corporate limits line, militia district line or land lot line shall be construed to be such boundaries.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately parallel to the center line of streets or highways, such district boundaries, unless specifically indicated, shall be construed as being actually parallel thereto and at a distance of 150, 300, 500 or 1,000 feet from the center line of such streets and highways, each above district boundary being shown at scale on the aforementioned map or maps.
(Amd. of 11-1-2007)
Where district boundaries are indicated as approximately following the centerline of streambeds or riverbeds, such actual centerline shall be construed to be such boundaries.
(Amd. of 11-1-2007)
In the case where the exact location of a boundary cannot be determined by the foregoing methods, the planning and community development director shall make such a determination which may be appealed to the zoning board of appeals in accordance with procedures and requirements for appeals as specified by this Code.
(Amd. of 11-1-2007; Amd. of 12-1-2011)