The use of buildings, structures, and land in accordance with the Habersham County Comprehensive Plan shall comply with the use requirements for land use districts set forth in article III. Buildings, structures or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district in which it is located.

(Ord. of 12-21-2020)

For the purpose of this chapter, Habersham County is hereby divided into land use districts as set out below:

(a)

Regular districts:

(1)

AG, Agricultural District;

(2)

LI-R, Residential Single Family;

(3)

LI-C, Limited Commercial District;

(4)

MI-R, Residential Multi-Family District;

(5)

MI-C, General Commercial District;

(6)

PI, Public Institutional District;

(7)

HI, Commercial & Industrial District;

(8)

PD, Planned Development District.

(b)

Overlay districts:

(1)

COD, Corridor Overlay District;

(2)

AH, Airport Hazard Overlay District.

(Ord. of 12-21-2020)

(a)

The location and boundaries of the above listed districts are hereby established as shown on the official land use district map of Habersham County, Georgia. Said map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

The official land use district map shall be stored in an electronic database maintained by the Habersham County Planning and Development Department. So stored and maintained, the official land use district map shall be the final authority as to the current land use status of all land, water, buildings and structures within the county.

(c)

On a quarterly basis, when changes are made in the boundaries or other matter portrayed on the official land use district map, the official land use district map shall be printed. The official land use district map shall be identified by the signature of the county commission chairman, attested by the county clerk and bear the seal of the county under the following words: "This is to certify that this is the Official Land Use District Map referred to in Article III of the Comprehensive Land Development Ordinance, Habersham County, Georgia."

(d)

If, in accordance with the provisions of this chapter and the applicable laws of the State of Georgia, changes are made in boundaries or other matter portrayed on the official land use district map, such changes shall be entered on the official land use district map promptly after the amendment has been approved by the county commission with appropriate entry or indication of such amendment on the official land use district map.

(e)

No changes of any nature shall be made in the official land use district map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter.

(Ord. of 12-21-2020)

(a)

Regular districts.

(1)

AG, Agricultural District. This district will be composed primarily of agricultural areas where some development of single-family residential is occurring. The regulations for this district will be designed to encourage a compatible relationship between agricultural and residential in the district. The regulations are intended to allow low rural residential densities and compatible agricultural activities without encouraging commercial development.

(2)

LI-R, Single Family Residential District. This district will provide and protect an environment suitable for single-family detached residential uses on individual lots, conventional subdivisions and master planned developments, together with such other accessory uses as may be necessary to and compatible with low density residential surroundings.

(3)

LI-C, Limited Commercial District. This district will accommodate modestly sized professional offices and retail services in close proximity to and in harmony with nearby residential properties. These regulations are intended to reduce traffic congestion, provide adequate off-street parking and discourage encroachment by other uses capable of adversely affecting the limited neighborhood commercial character of the district. New single story buildings shall not exceed 3,500 gross square feet and new two-story buildings shall not exceed 5,000 gross square feet. Pre-existing residential structures that exceed this building maximum may be considered for land use to LI-C. Uses that create issues with noise, traffic, or odors are not permitted in this district.

(4)

MI-R, Residential Multi-Family District. This district will provide suitable areas for the development of variety of multi-family dwelling types. This district is intended to locate in areas of close proximity to where public water and public sanitary sewer treatment services are available or where alternate systems are approved by the Habersham County Board of Health.

(5)

MI-C, General Commercial District. This district will a commercial district designed to serve the automobile and to provide community shopping facilities consisting of a wide variety of sales and service facilities and locations that will be accessible to all shoppers. More intensive land development uses will be properly screened and shielded from adjacent properties so as to reduce any adverse impacts. Uses, processes or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise or vibration.

(6)

PI, Public Institutional District. This district will accommodate mid- and large-sized public and institutional uses of a governmental, educational, cultural, recreational, public service and healthcare nature which have a substantial land use impact or traffic generation potential. It is not intended for public and institutional uses customarily found within residential areas.

(7)

HI, Commercial & Industrial District. This district is established for the purpose of reserving certain areas for industrial operations. This district is not to be placed in close proximity to residential and other districts that may be damaged by the objectionable circumstances such as: the emission of noise, vibration, smoke, dust, gas, fumes, odors, large vehicles, heavy traffic or have other objectionable conditions. Certain industries having an open storage characteristic where goods or materials are stored in an open or transportable container, or which are most appropriately located within an industrial area, are also included within this district.

(8)

PD, Planned Development District. This district will provide a district for addressing specific site and building design issues for and needs created by large scale residential, commercial, office, institutional or industrial uses. In addition, it allows for more flexible placement, mixture, arrangement and orientation of residential, office institutional, commercial and/or industrial uses. This provides for accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities.

(b)

Overlay districts.

(1)

CO, Corridor Overlay District. This overlay district will provide for mixtures of commercial, light industrial and higher density residential uses in areas where public water, sanitary sewer, public sewer, private sewage disposal system approved by environmental health and access to an arterial street is available. More intensive land development uses will be properly screened and shielded from adjacent properties so as to reduce any adverse impacts. See article XV for specific requirements.

(2)

AH, Airport Hazard Overlay District. The intent of this overlay district is to protect general safety, public welfare and economic viability of the Habersham County Airport by prohibiting obstructions to air navigation within the approach areas. See article XV for specific requirements.

(Ord. of 12-21-2020)

(a)

Land use districts as were established under the previous land use ordinance of Habersham County are hereby renamed to the following land use district names and designations under this chapter, as shown in Table 305(A). All regulations, requirements and provisions of this chapter applicable to a land use district established under section 68-304 shall apply to the previously named land use district as now named, as shown in Table 305(A).

(b)

All special conditions and special stipulations imposed as conditions of rezoning of property prior to adoption of this chapter are hereby retained and reaffirmed and shall continue in full force and effect until such time as the property is rezoned or the prior land use action of the board of commissioners is amended through the rezoning process established by this chapter.

Table 305(A): Conversion of Previous Land use Districts

(Ord. of 12-21-2020)

(a)

In P-D Planned Development District uses that are permitted are specified as part of the zoning approval for each development.

(b)

Principal and accessory uses that are permitted by right, permitted by right but with limitations and uses permitted as conditional uses herein identified and listed are not intended to be exhaustive but only representative of those uses permitted in each land use district. It shall be the responsibility of the administrative officer to determine any additional uses not herein specifically identified as permitted uses.

(Ord. of 12-21-2020)