This code shall be known and may be cited as "The unified development code of the City of Fort Oglethorpe, Georgia" or, for brevity, "The development code."

(Ord. No. 2021-10, § 1, 6-28-2021)

The unified development code is adopted pursuant to the authority conferred by the Constitution of the State of Georgia and applicable state laws.

(Ord. No. 2021-10, § 1, 6-28-2021)

Under the authority and for the purposes stated herein, the city council of Fort Oglethorpe does hereby enact as law the chapters, articles, and sections contained in this unified development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

This code and the official zoning maps of the city on file and maintained in the building, planning and zoning department shall together constitute the unified development code of the City of Fort Oglethorpe, Georgia.

(Ord. No. 2021-10, § 1, 6-28-2021)

This code is organized into chapters, articles, and sections.

(a)

References to chapters, articles, and sections apply to chapters, articles, and sections of this development code, unless otherwise indicated.

(b)

References to subsections apply to a subsection of the section in which the term is mentioned, or the lower order subsection of a higher order subsection, unless otherwise indicated.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

It is not intended by this development code to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this development code imposes a greater restriction or higher standard than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this code shall control. In no case, however, shall the City of Fort Oglethorpe be required to enforce such private easements, covenants, or other private agreements or legal relationships, whether they are more restrictive or less restrictive than the standards or requirements of this development code.

(b)

All resolutions or ordinances and parts of resolutions or ordinances of the City of Fort Oglethorpe, Georgia, heretofore adopted that are in conflict with this development code, other than ordinances and amendments approving the rezoning of land or approving special exceptions, are hereby repealed to the extent of such conflict.

(Ord. No. 2021-10, § 1, 6-28-2021)

Should any chapter, article, section, subsection, or provision of this development code be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this development code as a whole or any part thereof other than the part so declared to be invalid or unconstitutional, each chapter, article, section, and provision hereof being declared severable.

(Ord. No. 2021-10, § 1, 6-28-2021)

This development code shall take effect and be in force from and after June 28, 2021, the public welfare of the City of Fort Oglethorpe demanding. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

(Ord. No. 2021-10, § 1, 6-28-2021)

The purpose of this development code is to promote the health, safety, morals, aesthetics, convenience, order, prosperity and general welfare of the community, and is intended:

(a)

To lessen congestion in the streets;

(b)

To provide for adequate light, air and privacy;

(c)

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

(d)

To prevent overcrowding of the land and undue congestion of population;

(e)

To protect the character and the social and economic stability of all parts of the city and to encourage the orderly and beneficial development of all parts of the city;

(f)

To protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings;

(g)

To encourage the most appropriate use of land throughout the city;

(h)

To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, recreation, and other public requirements and facilities;

(i)

To preserve the natural beauty, topography, and history of the city and to ensure appropriate development with regard to these natural and historic features;

(j)

To ensure the wise development of the city in harmony with the comprehensive plan of the city.

(Ord. No. 2021-10, § 1, 6-28-2021)

The City of Fort Oglethorpe Comprehensive Plan is intended for the following purposes, among others:

(a)

To guide and direct growth and development in the City of Fort Oglethorpe;

(b)

To protect, preserve and enhance the city's historic, natural, economic and social resources;

(c)

To identify current land uses in order to assist the city in making budgetary, utility and other resource allocations;

(d)

To enable the city to predict future land uses for planning purposes;

(e)

To assist the city in fulfilling its statutory and other legal obligations; and

(f)

To provide a public document that will serve as a means of general information on land use and development for the citizens of Fort Oglethorpe and other interested parties.

(Ord. No. 2021-10, § 1, 6-28-2021)

In interpreting and applying the provisions of this development code, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, aesthetics, convenience, order, prosperity and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this development code in general and its various chapters, articles and sections in particular.

(Ord. No. 2021-10, § 1, 6-28-2021)

When reference is made in this code to statutes, codes, specifications, or other regulations, it is intended that subsequent amendments to such codes, statutes, specifications, or regulations will be automatically adopted by reference herein except as provided by subsequent resolutions of the city council.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The following technical building and construction codes are adopted by reference as if set forth in their entirety and include any attachments, appendices, indexes, supplements, local amendments adopted by the City of Fort Oglethorpe and contained in the City Code of Ordinances, and future editions as required by the Georgia Uniform Codes Act:

(1)

International Building Code (IBC);

(2)

National Electrical Code;

(3)

International Fuel Gas Code (IFGC);

(4)

International Mechanical Code (IMC);

(5)

International Plumbing Code (IPC);

(6)

International Residential Code (IRC);

(7)

International Energy Conservation Code (IECC);

(8)

International Fire Code (IFC);

(9)

International Existing Building Code (IEBC);

(10)

International Swimming Pool and Spa Code (ISPSC);

(11)

International Property Maintenance Code (IPMC);

(12)

Title 8, Chapter 2, Article 3 (Application of Building and Fire Related Codes to Existing Buildings) of the Georgia Code.

(b)

Also adopted by reference are the administrative chapters of each code listed in this section 4.2. These chapters address the scope, application, administration and enforcement of the respective code.

(Ord. No. 2021-10, § 1, 6-28-2021)

This development code shall govern the development of land and shall apply to the buildings, structures, and uses on all lands within the incorporated areas of the city.

(Ord. No. 2021-10, § 1, 6-28-2021)

This development code shall apply to all subject matter that is regulated both by this and other codes and ordinances including, but not limited to, ordinances for the development and maintenance of land, and such other ordinances are hereby amended to reflect this. The city council may attach statements to such other ordinances to the effect that compliance with this development code is required by such other ordinances.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Previously issued permits. The provisions of this development code and any subsequent amendments shall not affect the validity of any lawfully issued and effective development plan approval, building permit or development permit if:

(1)

The development activity or building construction authorized by the approval or permit has been commenced prior to the effective date of this development code or the amendment, or will be commenced after such effective date but within six 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 approval or permit expires, any further development or construction on that site shall occur only in conformance with the requirements of this development code in effect on the date of the permit expiration.

(b)

Recently approved rezonings. In order to provide a smooth transition to the new unified development code, any property rezoned or granted special exception approval within the six calendar months preceding adoption or subsequent amendment of the development code, but for which such use is not allowed under the development code, shall nonetheless be allowed to be used for such purpose as previously approved, provided that:

(1)

A development permit or building permit authorizing such use is issued within six calendar months after the date of adoption or amendment of the unified development code; and

(2)

The development activity or building construction continues without interruption (except because of 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 the unified development code in effect on the date of the permit expiration.

(c)

Conditions of approval. Nothing herein shall be construed as repealing or modifying the conditions of approval associated with any zoning, special exception, or variance approved prior to the effective date of this development code.

(d)

Subdivisions with prior approval. Subdivisions which received preliminary plat approval prior to the adoption of this development code shall be allowed to continue development according to said preliminary plat under the subdivision regulations in effect at the time the preliminary plat was approved. This provision shall expire two years following the date of preliminary plat approval, unless site development and/or construction plans are approved by the city within that time. Furthermore, site development and/or construction plans approved pursuant to such subdivisions or approved prior to the adoption of this development code shall expire within one year from date of approval, unless construction has begun and continuous work is being performed on the project.

(e)

Previously submitted applications. Any valid and complete application accepted by the city prior to adoption of the unified development code for the development of, construction upon or use of land shall be processed and issued under the applicable city regulations in effect prior to adoption of this development code.

(f)

Effect of unified development code on exempt properties.

(1)

To the extent that exemption under this article results in nonconformity with the provisions of this development code, such properties shall be governed by the requirements of the nonconformities article in this chapter.

(2)

Any new application for a zoning change, a variance, a preliminary subdivision plat, a site development plan, a development permit, a building permit or any other action affecting a property covered under this article shall be considered and applied under the provisions of this development code, as applicable.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

All buildings and structures erected hereafter, all uses of land, buildings or structures established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this development code which are applicable to the zoning district and, if applicable, the overlay district in which such buildings, structures, uses or land are located.

(b)

Existing buildings, structures and uses that comply with the regulations of this development code shall likewise be subject to all regulations of this code. Existing buildings, structures and uses that do not comply with the regulations of this development code shall be authorized to continue subject to the provisions of this chapter relating to nonconformities.

(c)

All subdivisions, planned developments and land development projects proposed for approval and permitting hereafter shall be subject to all regulations of this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

No building or structure, and no use of any building, structure, land, or property, and no lot of record, now or hereafter existing, shall hereafter be established, constructed, expanded, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this development code.

(b)

No subdivider shall proceed with any construction work on a proposed subdivision before obtaining preliminary plat approval and issuance of a development permit from the city in conformity with the provisions of this development code.

(c)

The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a plat of a subdivision that has not been given final approval by the city in conformity with the provisions of this development code and recorded in the office of the Catoosa County Superior Court/Walker County Superior Court is prohibited, and the description by metes and bounds in the instrument of transfer or other document shall not exempt the transaction from compliance with this provision.

(d)

Division of property.

(1)

No person shall divide or subdivide or cause a subdivision to be made, by deed or map, of any parcel of land which is located within the boundaries of the City of Fort Oglethorpe, except in conformity with the provisions of this development code.

(2)

Any owner or developer of any tract of land which lies within the city who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Superior Court. No such plat of subdivision shall be recorded unless and until it shall have been submitted to and approved by the building, planning and zoning director as provided herein.

(Ord. No. 2021-10, § 1, 6-28-2021)

This article sets out the provisions that protect uses, structures, lots and signs that lawfully existed prior to the adoption of this development code or a subsequent amendment, but no longer conform to the new regulations. The primary intent of the treatment of nonconformity is to allow continuation of these uses, structures, lots and signs to avoid undue hardship, while curtailing substantial investment in nonconformities and encouraging eventual improvement to a conforming status or elimination in order to preserve the integrity of this development code and the character of the city.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Lawfully nonconforming uses, structures, buildings, lots, and signs are declared by this development code to be incompatible with land uses, structures, buildings, lots, and signs that conform to the districts in which the nonconformity exists. However, such nonconforming development may continue under the circumstances presented in this article for each type of nonconformity.

(b)

For the purpose of this article, "value" shall be computed from the amount a building or structure, as applicable, is appraised for tax purposes by Catoosa County or Walker County.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Nonconforming uses; defined. A nonconforming use is a use or activity that was lawfully established prior to the adoption or amendment of this development code, but which, by reason of such adoption or amendment, is no longer a use or activity permitted by right or no longer meets or conforms to the requirements of this development code.

(b)

Continuance of nonconforming uses. The lawful but nonconforming use of land existing at the time of the enactment or amendment of this development code may be continued; provided, however, that such nonconforming use shall not be:

(1)

Enlarged or increased, either on the same or adjoining property;

(2)

Extended to occupy a greater area of land;

(3)

Reestablished after discontinuance for 90 days, regardless of any reservation of an intent not to abandon or to resume such use; or

(4)

Changed to another nonconforming use.

(c)

The lawful but nonconforming use of a conforming building or structure existing at the time of the enactment or amendment of this ordinance may be continued; provided, however, that such nonconforming use shall not be:

(1)

Extended to occupy a greater area of such building or structure unless the additional area existed at the time of the adoption or amendment of this development code and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

(2)

Extended to occupy any land outside such building or structure.

(3)

Reestablished after removal of the building or structure or after discontinuance of the use for 90 days.

(4)

Changed to another nonconforming use.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Nonconforming structures; defined. A nonconforming structure is a structure or building whose size, dimensions, location on a property or other features were lawful prior to the adoption or amendment of this development code, but which, by reason of such adoption or amendment, no longer meets or conforms to one or more such requirements of this development code.

(b)

Continuance of nonconforming structures. A nonconforming structure may continue to be occupied and used, except that:

(1)

A nonconforming structure shall not be repaired, rebuilt or altered after damage or destruction of 50 percent or more of its value, unless the structure is an owner-occupied dwelling.

(2)

A nonconforming structure may be repaired, rebuilt or altered to its original configuration after damage or destruction not exceeding 50 percent of its value, provided that allowed reconstruction begins within one year after the damage or destruction is incurred.

(3)

A nonconforming structure shall not be enlarged or altered in a way that increases its nonconformity, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition upon order of the building, planning and zoning director.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Nonconforming lots; defined. A nonconforming lot is a lot of record whose area, frontage, width or other dimensions, or location were lawful prior to the adoption or amendment of this development code, and which, by reason of such adoption or amendment, no longer meets or exceeds one or more such requirements of the applicable zoning district.

(b)

Treatment of nonconforming lots. Any lot of record existing at the time of the adoption or amendment of this development code, may be used subject to the following exceptions and modifications:

(1)

In any zoning district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption or amendment of this development code that does not meet the area, width or depth requirements of this code for may be used as a building site for a single-family dwelling.

(2)

In the case of such a lot, which it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, a variance to reduce the side-yard requirements for such lot the minimum amount necessary for a reasonable dwelling may be requested.

(Ord. No. 2021-10, § 1, 6-28-2021)

See the nonconforming signs section of chapter 5 of this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

The following summarizes the roles of those involved in the administration and enforcement of the Fort Oglethorpe development code, as more specifically detailed in the appropriate chapters of this development code:

(a)

Building, planning and zoning director. The building, planning and zoning director is assigned to administer, interpret, implement, and enforce the provisions of this development code.

(1)

Duties.

a.

The building, planning and zoning director is responsible for the receipt, review and processing of all applications for rezoning, special exception approval, project approval of preliminary subdivision plats and site plans, approval of final plats, and for applications for all permits required by this code.

b.

The building, planning and zoning director is responsible for all administrative activities related to the use or occupancy of land and buildings under this development code.

c.

The building, planning and zoning director shall receive and process all hardship variances, administrative variances, flood hazard reduction variances, and appeals of administrative decisions filed with the city under the provisions of the appeals chapter of this development code.

d.

The building, planning and zoning director serves as the secretary to the planning advisory board.

e.

As the issuing agent for all building and sign permits, the building, planning and zoning director is responsible for the proper construction of buildings and structures, and continuing compliance with permit requirements after construction is complete.

f.

All inspections of building construction and land development activities, other than water or sewer installation but including erosion control measures and stormwater facilities, shall be performed by inspectors under the direction of the building, planning and zoning director.

g.

For specific administrative duties related to flood hazard reduction, see the flood hazard reduction article of the natural resource protection chapter of this development code.

(2)

Delegation of duties. The building, planning and zoning director may, in his or her discretion and administrative authority, delegate duties and responsibilities to designated employees of the building, planning and zoning department as needed and appropriate for the administration of this development code.

(b)

Public works director.

(1)

The public works director is responsible for the review of all applications related to the construction of development projects, the construction of streets, driveways, and related facilities, and recommendations to the building, planning and zoning director relating to the issuance of permits.

(2)

The public works director is responsible for technical advice and assistance to the building, planning and zoning director in the enforcement of all requirements and restrictions of this development code relating to the engineering design of subdivision improvements and development projects, the construction of streets, their continued maintenance and operation, and coordination of the installation of public and private utilities by others.

(c)

Public utilities director.

(1)

The public utilities director is responsible for technical advice and assistance to the building, planning and zoning director in the enforcement of all requirements and restrictions of this development code relating to the installation of all water and sewer lines and appurtenances during the land development process, including plan review and approval, and all inspections during installation.

(2)

The public utilities director administers all codes and ordinances relating to potable water supply and distribution and wastewater collection and treatment.

(Ord. No. 2021-10, § 1, 6-28-2021)

In each case in this development code where the issuance of a permit or other action by any official of Fort Oglethorpe, Georgia, is required and a time period for such action is specified by this development code or by applicable state law, then the failure of the official responsible for same to take such action or issue such permit shall be deemed an approval of the matter or the issuance of the permit, as the case may be. If at any place in the development code an action is required by any such official and no time frame is provided herein, then such timeframe shall be deemed to be 45 days and the failure to act to either approve or deny same shall be deemed an approval of the matter or the issuance of the permit, as the case may be.

(Ord. No. 2021-10, § 1, 6-28-2021)

From time to time, the city council may adopt fees for the issuance of permits, the submission of applications, and such other activities and authorizations as regulated by this development code, and may adopt schedules of dates, times and places as appropriate and necessary to regulate the application, review and hearing processes required by this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Enforcement; general. The City of Fort Oglethorpe or its agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this development code and may take or cause to be made such examination, surveys, or sampling as the city or its designee deems necessary.

(1)

The building, planning and zoning director is hereby designated as the primary enforcement officer for this development code.

(2)

The building, planning and zoning director shall have the authority to enforce this development code; issue permits thereunder; and address violations or threatened violations thereof by issuance of violation notices, administrative orders, and civil and criminal actions. All costs, fees and expenses in connection with such actions may be recovered as damages by the violator.

(3)

The building, planning and zoning director may, in his or her discretion and administrative authority, delegate duties and responsibilities to designated employees of the building, planning and zoning department as needed and appropriate for the enforcement of this development code. Law enforcement officials or other officials having police powers shall also have authority to assist the building, planning and zoning director in enforcement.

(b)

Enforcement; building construction codes.

(1)

Compliance. It shall be unlawful for any person to engage in the construction or erection of any building, whether commercial, business or residential, in the incorporated areas of the city unless such construction is accomplished in strict compliance with the various construction codes adopted under this chapter.

(2)

Enforcement officer. When reference is made to the duties of certain officials named in the various construction codes adopted by this development code, the designated city official shall be deemed to be the responsible official for the enforcement of such codes.

(c)

Enforcement; signs.

(1)

All signs shall be maintained in good condition as to present a neat and orderly appearance. The city may, after due notice, issue a citation to any permittee for any sign which shows gross neglect or becomes dilapidated. Such due notice shall be in writing, shall specify the sign and location, shall state that the sign has not been properly maintained, and shall include the language of the violated code section(s). The city shall give the permittee ten days to rectify the condition or remove the dilapidated sign before issuing a citation.

(2)

The city may issue a citation for violation of the sign regulations chapter of this UDC by any sign erected, altered, converted, or used in violation of the sign regulations chapter.

(3)

The city may issue a citation for any violation involving removal of trees in violation of any provision of this development code. Each tree that is trimmed or removed from publicly owned property in violation of this code shall constitute a separate offense.

(4)

Any person violating any provision of this development code shall be liable for a fine of as established by the Municipal Court of the City of Fort Oglethorpe. Each day a sign is posted in violation of this code shall constitute a separate violation.

(d)

Enforcement; land development, use and other provisions.

(1)

Inspection.

a.

If the building, planning and zoning director finds that a provision of this development code is being violated relating to the use or occupancy of land or structures, lot standards, landscaping, buffers, parking, street construction or any other standard or provision (other than land development activities enforced under the natural resource protection chapter of this development code), or relating to a condition of approval established in connection with a grant of variance or zoning change, he or she shall notify the person responsible for such violation in writing (which notification may consist of an order to cease and desist the violation), as described in this section.

b.

See also the natural resource protection chapter for provisions relating to inspection and enforcement activities relating to soil sedimentation and erosion control, stormwater management, flood hazard reduction, and groundwater recharge and wetlands protection.

(2)

Notice of violation.

a.

If the building, planning and zoning director determines that a property owner, occupant or other responsible person has failed to comply with the requirements and provisions of this development code, he or she shall issue a written notice of violation to such owner, occupant or other responsible person. Where a person is engaged in activity covered by this code without having first secured a permit therefor, the notice of violation shall be served on the owner, occupant or the responsible person in charge of the activity being conducted on the site.

b.

The notice of violation shall contain:

1.

The name and address of the owner, occupant or the responsible person;

2.

The address or other description of the site upon which the violation is occurring;

3.

A statement specifying the nature of the violation, which shall include the language of the violated code section(s);

4.

A description of the remedial measures necessary to bring the action or inaction into compliance with this code and the date for the completion of such remedial action;

5.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

6.

A statement that the determination of violation may be appealed to the city council by filing a written notice of appeal within ten days after the notice of violation (except that, in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient).

c.

Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the building, planning and zoning director shall have authority to prosecute violations in court.

(Ord. No. 2021-10, § 1, 6-28-2021)

Notwithstanding provisions elsewhere in this development codes, the following are declared to be crimes:

(a)

It shall be unlawful to engage in any activities in violation of applicable requirements, rules, regulations, permit conditions, and orders established under this development code.

(b)

It shall be a criminal violation of this development code to furnish false or materially incomplete or misleading information to the city, on any application, investigation, or proceeding regarding this development code.

(c)

Each day that a violation is permitted to exist after due notice is given in writing by the building, planning and zoning director shall constitute a separate offense.

(d)

Jurisdiction over offenses under this development code shall be in the municipal court of Fort Oglethorpe, Georgia. Any person violating the terms of this development code or any permit condition, rule or regulation promulgated pursuant thereto, shall be guilty of a misdemeanor and may be punished as determined by the municipal court of the City of Fort Oglethorpe.

(Ord. No. 2021-10, § 1, 6-28-2021)

No act or omission of the city, city council, or planning advisory board shall be an assurance or guarantee that the United States or any department or agency thereof, or the State of Georgia or any department or agency thereof, or any other county or any municipality or any department or agency of any other county or of any municipality, has taken, is taking, or will take any action or has made, is making, or will make any omission. No act or omission of the city, city council, or planning advisory board shall be construed as the rendering of advice or an opinion as to the status of legal requirements, policies, acts, or omissions of any of the other aforesaid entities.

(Ord. No. 2021-10, § 1, 6-28-2021)