For the purposes of these regulations, the incorporated area of the City of Fort Oglethorpe, Georgia is divided into the following zoning districts and overlay districts:

(a)

Residential zoning districts.

(1)

RA rural-agricultural district.

(2)

R-1 single-family residential district.

(3)

R-2 single-family residential district.

(4)

R-3 single-family residential district.

(5)

R-4 manufactured home district.

(6)

R-5 multifamily residential district.

(b)

Commercial zoning districts.

(1)

CN commercial neighborhood district.

(2)

C-1 limited commercial district.

(3)

C-2 general commercial district.

(4)

O-1 office district.

(c)

Industrial zoning districts.

(1)

I-1 light industrial district.

(2)

I-2 heavy industrial district.

(d)

Mixed use zoning districts.

(1)

PM planned development mixed use district.

(e)

Special purpose zoning districts.

(1)

OS open space district.

(f)

Overlay districts.

(1)

Fort Oglethorpe Historic District.

(2)

Lafayette Road Overlay District.

(Ord. No. 2021-10, § 1, 6-28-2021)

The incorporated area of the City of Fort Oglethorpe is hereby divided into zoning districts, as shown upon the official zoning map of the City of Fort Oglethorpe, Georgia which, together with all explanatory matter thereon, and accompanying pages, is hereby adopted by reference and declared to be a part of this code.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The official zoning map of the City of Fort Oglethorpe, Georgia is hereby adopted and identified as that map or series of maps, adopted by the city council, that show the precise location and boundaries of the zoning districts and that is certified by the mayor and city clerk of Fort Oglethorpe, Georgia.

(b)

A certified copy of the official zoning map shall be kept in the department of building, planning and zoning, where it shall be available for public inspection.

(c)

The official zoning map may be amended from time to time pursuant to the provisions of this code.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

No changes of any nature shall be made to the official zoning map except in conformity with amendments to the map approved by the city council and in conformity with the procedures set forth in this code or by adoption of a new official zoning map. Such amendments shall be spread upon the minutes of the city council and shall be available for public inspection.

(b)

If, in accordance with the provisions of this code, amendments to the map are approved which result in changes to the district boundaries on the official zoning map, then these shall be noted on addendum pages to the official zoning map maintained and available in the department of building, planning and zoning. Said addendum pages shall note the new district boundaries along with the date the amendment was approved and shall be inserted directly after the affected map page. Said addendum pages shall be clearly noted as addendum pages.

(c)

The official zoning map as amended from time to time by the city council may be kept in an electronic format from which printed copies can be produced.

(Ord. No. 2021-10, § 1, 6-28-2021)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map.

(Ord. No. 2021-10, § 1, 6-28-2021)

Where uncertainty exists as to boundaries of any zoning district shown on the official zoning map, the following rules shall apply:

(a)

Where such district boundaries are indicated as approximately following a corporate limits line, street lines, alley lines or lot lines, such lines shall be construed to be such boundaries.

(b)

In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the official zoning map. Where a district boundary divides a lot, the zone classification of the greater portion shall prevail throughout the lot.

(c)

In case any further uncertainty exists, the building, planning and zoning director shall interpret the intent of the map as to the location of such boundaries.

(d)

Where any street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(e)

If, because of error or omission on the zoning map any property within the city is not shown as being included in a zoning district, the classification of such property shall be R-1 district (single-family residential), unless changed by an amendment to the zoning map in accordance with the procedures in chapter 8 of this code.

(Ord. No. 2021-10, § 1, 6-28-2021)

All special conditions and special stipulations imposed as conditions of zoning approval of property prior to adoption of the official zoning map are hereby retained and reaffirmed, and shall continue in full force and effect until such time as the property is rezoned or the prior zoning action of the city council is amended through the zoning approval process established by this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Except for individual nonconformities addressed in chapter 1 of this development code, no property shall be used except in accordance with its zoning designation on the official zoning map, conditions of zoning approval for the property, and all applicable provisions of this code.

(b)

Dimensional requirements for each zoning district are found in chapter 4 of this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

All lands in the incorporated area of the City of Fort Oglethorpe, Georgia are included in one or another of the zoning districts established by this development code. Overlay districts, which provide additional requirements or restrictions on the portions of these zoning districts over which they are established, are found under article 3 of this chapter.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The RA district is intended to establish and preserve quiet areas where the primary activities are those of farming, agriculture, livestock, timber cultivation, and related uses consistent with maintaining the land resources of the city reserved for these purposes. Residences of a low-density nature which are incidental to these activities are also permitted. RA districts are free from other uses which are incompatible with a low-density agricultural-residential neighborhood.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The R-1 district is established to provide for low density residential development.

(b)

Allowed use. Unless otherwise specified in this code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The R-2 district is established to provide for low to medium density residential development.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The R-3 district is designed to accommodate increased density of residential development (medium density) by decreasing lot size requirements.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The R-4 district is established to provide for the placement of manufactured home subdivisions and manufactured home parks in suitable areas of the city. In promoting the general purpose of this code, the specific intent of this district is to:

(1)

Require adequate space and facilities for healthful living conditions for occupants of such manufactured home parks and manufactured home subdivisions;

(2)

Require all such districts to have access to a paved roadway for easy accessibility;

(3)

To ensure that suitable water and sewer facilities will be provided in accordance with all applicable city codes and state health regulations and statutes; and

(4)

Encourage the development of manufactured home parks for long-term residential use rather than transient travel trailer use.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The R-5 district is designed to accommodate increased density of residential development by allowing two-family dwellings (duplexes) and multifamily development in the form of townhomes.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The intent of the CN district is to provide convenient shopping and service facilities, not to exceed 4,000 square feet in building size, that serve nearby residential neighborhoods. Allowed uses include businesses that serve nearby residents on a day-to-day basis. Such facilities should be located so that their frequency and distributional patterns reflect their neighborhood orientation. In addition, such facilities should not be so large or so broad in scope of services as to attract substantial amounts of trade from outside the neighborhood commercial zone and should not be located in close proximity to other commercial areas.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The intent of the C-1 district is to provide locations for a wide variety of commercial activities that serve a substantial portion of the community, are located in close proximity to one another. This district is intended to accommodate personal and business services, specialty shops, and general strip commercial development in the city along minor arterial roadways or in new commercial centers.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The C-2 district is intended to provide a broad mix of commercial activities that have large building or site requirements, are oriented to principal arterial roadways, provide services to the entire city and surrounding area, and may be more intensive in use. Development of strip commercial areas is not encouraged.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The intent of the O-1 district is to accommodate professional offices, institutions, and limited services as opposed to the general type of retail commercial establishments provided in the C-1 and C-2 districts. The O-1 district is intended to encourage a non-congested environment with uses locating near arterial or collector streets and a transition of uses between residential areas and other more intensive uses.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The I-1 district is intended for light industrial uses such as assembling, warehousing, wholesaling, and service operations that do not depend primarily on frequent personal visits of customers or clients, but that may require good interstate highway accessibility. Proximity to residential or commercial districts makes it desirable to limit industrial operations and processes to those that are not objectionable by reason of the emission of noise, odors, pollution, vibration, smoke, dust, gas, fumes, radiation, or that result in other objectional conditions, including truck traffic congestion.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The I-2 district is intended to accommodate more intense industrial uses that benefit from interstate highway access, including manufacturing, storage and distribution activities, but whose operations and processes are not dangerous to health, safety, or the general welfare.

(b)

Allowed uses. Unless otherwise specified in this development code, see article 4 of this chapter for allowed principal uses and restrictions that apply to particular uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. PM zoning districts are intended to:

(1)

Encourage the development of large tracts of land as planned neighborhoods or communities.

(2)

Encourage flexible and creative concepts in site planning.

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas.

(4)

Create a more desirable environment than would be possible through the strict application of minimum requirements of other sections of this code.

(5)

Provide for efficient use of land resulting in smaller networks of utilities and streets as well as lower development and housing costs.

(6)

Provide an environment of stable character which is compatible with surrounding residential areas; this includes locating less dense residential development in a PM district adjacent to single-family or other residential development and locating higher density residential uses, including apartments, in a PM district along heavy traffic areas and roadways adjacent to more intense uses such as commercial or industrial development.

(7)

Allow a variety of land uses in an orderly relation to one another and to existing land uses.

(8)

Better control traffic and other effects of larger and/or high-density developments.

(b)

Allowed uses. Allowed uses in the PM district shall be as shown in the approved development plan, as described in chapter 4 of this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The OS district includes publicly owned properties dedicated to historic or environmental preservation or to outdoor recreation uses that are not subject to the regulations of this development code.

(b)

Allowed uses. Allowed uses are as indicated in subsection (a) above.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The Fort Oglethorpe Historic District is intended to protect buildings, sites and the overall historic and visual character of the former Fort Oglethorpe Army Post, which includes: Barnhardt Circle, Sergeants' Row on North Thomas Road, and supporting properties on Harker Road, LaFayette Road, Second Street, and Gross Crescent.

(b)

Designation of historic properties. The properties listed in this section are designated collectively as the Fort Oglethorpe Historic District. Such designation requires that such properties be shown on the city's official zoning map, or other designated map in the absence of such a map and kept as public record, to provide notice of such designation. It further requires that a certificate of appropriateness be obtained from the historic preservation commission prior to any material change in appearance of the designated property, in accordance with the procedures described in Fort Oglethorpe City Code of Ordinances.

(c)

Allowed uses. Each property in the Fort Oglethorpe Historic District has a zoning district designation as shown on the official zoning map. Uses are regulated by the property's underlying zoning designation.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Intent. The LaFayette Road Overlay District is established to implement the "District-Downtown" character area of the Catoosa County Comprehensive Plan, as amended, including establishing restrictions and standards pertaining to the use and the visual and architectural character of the LaFayette Road corridor and surrounding area. It is intended to encourage the most appropriate use of land, enhance the quality and compatibility of development, and to ensure building and site design complements the historic character of the area and is consistent with the Fort Oglethorpe Renaissance Strategic Vision and Plan. The application of use and design requirements will help to ensure that redevelopment and new development is visually and functionally appropriate for an area that is transitioning to a mix of "Main Street" commercial, residential, and institutional uses that generate pedestrian and economic activity and provide a community focal point reminiscent of a traditional downtown.

(b)

Boundaries. The LaFayette Road Overlay District boundaries include those properties bordering on LaFayette Road south from its intersection at Battlefield Parkway to the entrance of the Chickamauga and Chattanooga National Military Park. The overlay district includes parcels west of those that border on LaFayette Road to the Catoosa County line, with the exception of parcels having frontage on Barrett Drive, Coffman Drive, and Diane Lane, as well as parcels fronting Old LaFayette Road north of Coffman Drive. The overlay district also includes parcels east of those that border on LaFayette Road that are within the Fort Oglethorpe Downtown Development Authority (DDA) boundary. This overlay district includes all parcels located within the Fort Oglethorpe Historic District. The boundary of the LaFayette Road Overlay District is shown on the map attached the ordinance from which this appendix is dervied and by reference made a part hereof as Exhibit "A" — LaFayette Road Overlay District and shall be designated on the Official Zoning Map of the City of Fort Oglethorpe.

(c)

Applicability. Unless specifically addressed by this section 3.2, land and structures shall be used in accordance with the underlying zoning district, and regulations established by the UDC for uses and each zoning district shall be in effect. In any case where the provisions of the LaFayette Road Overlay District conflict with those of the underlying zoning district, the standards and requirements of the overlay district shall govern. Unless specifically addressed by this section 3.2, the uses and standards established by the UDC as of the date of adoption of the LaFayette Road Overlay District shall remain in effect, regardless of subsequent amendments to the same.

(d)

Allowed uses.

(1)

Principal uses. Principal uses are as allowed by right or by special exception in the underlying zoning district, as shown in Table 2-A in this chapter, except when prohibited in subsection (e) below or identified as a special exception use that requires City Council approval, as follows: Tattoo and Body Piercing Studios (NAICS code 812119), Restaurants and Specialty Snack and Non-Alcoholic Beverage Shops, with a drive-through window (fast-food restaurants; NAICS code 7225); and Medical Offices (NAICS code 621).

(2)

Accessory uses. Accessory uses are as allowed under chapter 3, article 2 Restrictions on Accessory Uses and Structures of this UDC, with the exception that the outdoor storage of goods, material, merchandise, or inventory is prohibited.

(3)

Temporary uses. Temporary uses are as allowed under chapter 3, article 3 Restrictions on Temporary Uses and Buildings.

(e)

Prohibited uses. The uses listed in this subsection are prohibited. Corresponding North American Industry Classification System (NAICS) codes, as shown in the Principal Use Table in article 4 of this chapter, are provided for reference. Note that when uses below have a three-digit NAICS code and appear as a use category in the Principal Use Table, all sub-categories of uses that follow are prohibited.

(1)

Motor vehicle and parts dealers — 441.

(2)

Medium- and heavy-duty trucks, recreational vehicles (rvs), buses, and similar motor vehicle dealer — 423110.

(3)

Building material and garden equipment and supplies dealers — 444.

(4)

Convenience stores — 445120.

(5)

Gas stations — 447.

(6)

Beer, wine and liquor stores — 445310; except as authorized in Ordinance No. 2022-01.

(7)

Pawn shops — 453310.

(8)

Manufactured home dealers — 453930.

(9)

Building construction services — 236.

(10)

Mini-warehouses/self-storage units — 531130.

(11)

Passenger car rental — 532111.

(12)

Truck, utility trailer, and RV rental and leasing — 532120.

(13)

Rental centers and stores, retail goods — 532.

(14)

Construction equipment rental and leasing — 532411.

(15)

Child day care — 624.

(16)

Automotive repair and maintenance services — 8111.

(17)

Laundries, coin operated — 812310.

(18)

Pet boarding kennels — 812910.

(19)

Commercial and Industrial Machinery and Equipment Repair and Maintenance Services — 8113.

(20)

Fuel yard — 424710.

(21)

Lumber storage terminals — 493190.

(22)

Industrial manufacturing.

(23)

Transportation, communications and utilities.

(f)

Design review approval.

(1)

City council must approve the design of building construction and site development, as delineated in subsection (g) below, prior to issuance of any permit.

(2)

When a property in the LaFayette Road Overlay District is proposed to be rezoned, design review and approval shall occur as part of the zoning process.

(3)

Proposed designs shall be evaluated for their consistency with the comprehensive plan and the Fort Oglethorpe Renaissance Strategic Vision and Plan, as well as their compatibility with the Fort Oglethorpe Historic District and associated design guidelines. See also subsection (i) below.

(g)

Design review, applicability. Design review by city council shall be required for the following aspects of building construction and site development, except as specifically exempted herein:

(1)

Exterior rehabilitation or modifications to existing buildings or structures that require building or land disturbance permits where the cumulative construction value exceeds 50 percent of fair market value as reflected on the tax assessor's records.

(2)

All new construction, including additions to existing buildings and structures.

(3)

Installation and/or modification of signs requiring a sign permit.

(4)

Work on existing detached single-family dwellings is specifically exempted from this section.

(h)

Design review application. All proposals that require design review under this section 3.2 shall submit the following, as applicable to the type of proposal and to be determined by the director of building, planning and zoning:

(1)

A sketch plan prepared in accordance with chapter 8, section 3.5(d) of this UDC.

(2)

Exterior elevation drawings of all building faces that will front on a public or private street, and rear and side elevations of same if requested by the Director, drawn to an architectural scale and signed by an architect. Said exterior elevation drawings shall clearly show in sufficient detail the exterior appearance and architectural design of proposed buildings and structures. Each application shall also indicate proposed materials, textures and colors and provide samples of materials and colors. In cases where an applicant has already made application for approval of a certificate of appropriateness (COA) by the historic preservation commission (HPC) for a project located in Fort Oglethorpe Historic District or has already received a COA from the HPC, resubmission of the application for COA shall constitute compliance with this application requirement unless the director notifies the applicant that additional information is needed for aspects not covered in the COA application.

(3)

A sign permit application prepared in accordance with chapter 8, article 6 of this UDC, in addition to indication of proposed sign materials and colors.

(i)

Prohibited building and sign features.

(1)

Mansard roofs are prohibited.

(2)

Neon colors are prohibited.

(3)

Roof shingles and shakes are prohibited on awnings and canopies.

(4)

Stanchion signs and column signs are prohibited.

(5)

Internally illuminated signs are prohibited. Internally illuminated signs include but are not limited to the following: Electronic signs, backlit awning sings, internally lit cabinet signs or box signs, and internally lit channel letter signs (using standard front-lit channel letters, halo-lit or reverse channel-lit letters, front/back-lit channel letters, or open face channel letters).

(Ord. No. 2021-10, § 1, 6-28-2021; Ord. No. 2022-14, 4-11-2022)

This article identifies the principal uses that are allowed by right or by special exception approval in each of the zoning districts, as well as uses to which certain restrictions apply.

(a)

A principal use is the specific, primary purpose for which or a building is used.

(b)

In specific areas covered by an overlay district, the overlay district imposes restrictions on uses not noted on the following use chart. The specifics of each overlay district under the city Code of Ordnances or this development code must be consulted as applicable to a particular property or area.

(Ord. No. 2021-10, § 1, 6-28-2021)

This article lists by the following matrix chart the principal uses allowed by right and by special exception approval in each zoning district, as described herein:

(a)

An "A" means that the use is allowed in the zoning district without any qualifications, except wherever such qualifications may be indicated in this development code. Such indication will also be noted in the righthand column of the chart of uses.

(b)

An "S" means that the use is allowed only by special exception approval. A listed special exception use is one which may be granted only when certain conditions are met in accordance with the special exception process described in the procedures and permits chapter. Additional restrictions may also apply, as noted in the righthand column of the chart of uses.

(c)

A blank space indicates that the use is not allowed under any circumstances.

(d)

In PM districts, uses that are allowed are established through approval of the planned development. See chapter 4 of this development code for details.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Principal uses.

(1)

Restrictions that apply to certain allowed or special exception principal uses are listed in the restrictions on particular uses chapter of this code (chapter 3).

(2)

For those uses that have specific restrictions associated with them, a reference is given on the use chart to the pertinent section in chapter 3.

(3)

Any provisions of chapter 3 in this development code that apply to development in general, however, are not indicated on the use chart.

(b)

Accessory and temporary uses. Restrictions on accessory and temporary uses are addressed in chapter 3 of this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

Any principal use not shown on the following on use chart as allowed in a zoning district, whether by right or with approval as a special exception, is specifically prohibited.

(Ord. No. 2021-10, § 1, 6-28-2021)

Some degree of interpretation will occasionally be required. It is not possible to list each and every variation or name of a given use.

(a)

In addition to other generally accepted references and resources, the North American Industrial Classification System (NAICS), published by the U.S. Department of Commerce (latest edition), may be referred to in order to interpret the definition of uses listed on the following use chart and to identify similar uses that may be allowed along with each listed use. The NAICS classification number is shown on the use chart for each applicable use for reference and interpretation only; the NAICS is not adopted as part of this code.

(b)

The NAICS assigns classification numbers to businesses and industries based on the primary business activity in which the company is engaged. While business activity usually corresponds to land use type, and therefore can be easily assigned to appropriate zoning districts, there are exceptions. Some businesses may be primarily engaged in a certain industry—such as telecommunications, for instance, like AT&T—but individual locations host notably different activities. For a company like AT&T, for instance, different facilities may include retail stores for telephones, offices for administrative functions, satellite and exchange switching stations, and repair and installation staging lots where heavy equipment vehicles, telephone poles, wire spools and materials are stored. As a result, interpretation is occasionally needed for an individual use, regardless of the business activity in which the parent company is engaged.

(1)

If no NAICS classification number is shown on the chart, there is no corresponding category to the land use listed. The use may be residential in nature (there are no NAICS categories for residences) or may be a land use activity not generally recognized as a business activity or industry type.

(2)

In all cases of uncertainty, the determination of whether or not a particular use is allowed in a particular zoning district shall reflect the intent of the zoning district as stated in this chapter, both the common and dictionary definitions of the use, and the array of listed uses that are allowed in the district as to their character and intensity.

(Ord. No. 2021-10, § 1, 6-28-2021)