1-1.

Enactment Clause. The City Council of the City of Hahira, under the authority of Article IX, section II, Paragraphs II and IV of the Constitution of the State of Georgia and the amendments thereto, hereby ordains and enacts into law the following sections.

1-2.

Title. This ordinance shall be known and may be cited as the "Zoning Ordinance for the City of Hahira, Georgia."

1-3.

Jurisdiction. This ordinance shall govern the use of all land and the development thereof within the corporate limits of the City of Hahira, Georgia.

1-4.

Purpose. The purpose of this ordinance shall be to promote the proper location, height, bulk, number of stories and size of open spaces, the density and distribution of population, and the uses of building, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods, public activities, and other purposes so as to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the public health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population, to prevent urban sprawl; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation; to secure economy in governmental expenditures; to conserve the value of buildings and to encourage the most appropriate use of land, buildings, and structures throughout the City of Hahira; and for other purposes.

For the purposes of interpreting this ordinance, certain terms or words used herein are defined. All other words in this ordinance shall carry their customary meaning.

2-1.

Interpretation of Certain Terms and Words. Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

The word "person" includes a firm, partnership, company, corporation, association, or trust.

The word "lot" includes the word "plot" or "parcel."

The word "building" includes the word "structure."

The word "shall" is always mandatory, and not merely directory. The word "may" is always construed to be permissive.

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

2-1.5.

Abandoned Sign. A sign and/or sign structure which no longer correctly directs or exhorts any person, or advertises a bona fide business, lessor, owner, product, service, or activity available on or off the premises where such sign and/or sign structure is located. Off-premise signs with content denoting availability of advertising space are not considered abandoned.

2-2.

Accessory Building. A detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land; and which is located on the same lot as the principal structure or use, including residential swimming pools.

2-3.

Accessory Uses. A use customarily incidental and subordinate to the principal use of buildings and located on the same lot with such principal use of building.

2-4.

Administrator, Zoning. The person, officer, or official and his duly authorized representative(s), whom the City Council has designated as its agent for the administration of this ordinance. (See section 11-1.)

2-5.

Alteration of Building. Any change in the supporting members of a building (such as bearing walls, beams, columns, girders) except such changes as may be required for its safety; an addition to a building; any change in use from that of one district classification to another; or of a building from one location to another.

2-6.

Agriculture. Agriculture shall be considered to mean the raising of soil crops and/or livestock in a customary manner on tracts of land more than five acres in size and shall include all normal forestry and related activities.

2-7.

Boarding or Rooming House. A building dedicated to the lodging or feeding or both of non-transient persons or separate families as defined herein for compensation.

2-8.

Buffer Area; Buffer Strip. A landscaped open area and/or screened area designed to separate incompatible uses.

2-9.

Building. Any structure, including mobile homes as defined herein, but not including accessory trailers, which has a roof and which is for the shelter, support or enclosure of persons, animals, or property of any kind.

2-10.

Building Height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.

2-11.

Club, or Lodge, Private. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

2-12.

Care Home. An orphanage, rest home, nursing home, convalescent home, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, alcoholics, drug addicts and not including nursery schools.

2-13.

Curb Cut. The providing of ingress and/or egress between property and an abutting public street.

2-14.

Density. The overall intensity of land use for the total project. When referring to residential areas, density is defined as the number of housing units permitted per acre in the respective zoning district involved in accordance with the terms of this zoning ordinance or as authorized under the development standards of this ordinance.

2-15.

Dwelling, Single-Family. A detached building used and either designed or constructed for one dwelling unit.

2-16.

Dwelling, Mobile Home. Mobile home (or manufactured home) is a detached structure transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

2-17.

Dwelling, Two-Family, or Duplex. A building either designed, constructed, altered, or used for two adjoining dwelling units that are connected by a fire rated common wall and/or if two stories in height by a fire rated common floor.

2-18.

Dwelling, Multifamily. A building either designed, constructed, altered, or used for more than two adjoining dwelling units, with each dwelling unit having a party wall or party floor connecting it to at least one other dwelling unit in the building. This includes apartments, condominiums, or any other type of Multifamily structure.

2-19.

Dwelling Unit. An enclosure of one or more rooms, including kitchen and bathroom facilities, designed or constructed as a unit for residential occupancy by one family.

2-20.

Family. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, or fraternity or sorority house.

2-21.

Farmer's Market. A public marketplace, designed to serve area farmers, where provisions are sold at retail and wholesale.

2-22.

Floor Area, Gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, attics, porches, carports, and garages.

2-23.

Health Officer. The legally designated health authority or his authorized representative of the City of Hahira.

2-24.

Home Occupation. An occupation for gain or support customarily conducted on the premises by a person or family residing therein. (See section 9-1.)

2-25.

Hospital. Any institution receiving in-patients, or a public institution receiving out-patients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of senile psychotics or drug addicts.

2-25A

Ice Cream Truck. A motor vehicle utilized as the point of retail sales of pre-wrapped or prepackaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar frozen dessert products operating on public ways within residential zoning districts in the city.

2-26.

Junk Yard. Use of property for outdoor storage, keeping, abandonment, sale, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking, and structural steel materials and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

2-26.1.

Storage Area. Property and/or buildings used for the permanent or temporary storage of inoperable vehicles, machinery or other equipment or materials awaiting salvage, restoration, or sale, but not including exterior displays of new or used merchandise in operable condition for retail or wholesale distribution.

2-27.

Kennels. The housing of four or more dogs and other animals for commercial purposes.

2-28.

Lot. A lot of record, held in a single ownership by one person, or in common ownership by more than one, which has both lot area and lot dimensions equal to or greater than the lot width and lot area requirements established by this ordinance for the zoning district in which such tract of land is located and for the use proposed for the tract of land.

2-29.

Lot, Corner. A lot having frontage on two or more public streets at their intersection.

2-30.

Lot of Record. A lot which is part of a subdivision recorded in the office of the Clerk of the Superior Court of Lowndes County, or a parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance.

2-31.

Lot, Through. A lot other than a corner lot, having frontage on more than one street; or a corner lot having frontage on three or more streets.

2-32.

Lot Width. The distance between the side lot lines, measured along the front yard setback line as established by this ordinance, or if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.

2-32.1.

Maintenance. All signs and required signage landscaping shall be maintained as follows:

1.

Signs shall be kept clean, neatly painted, and maintained at all times so as not to be detrimental to public health and safety. This includes but is not limited to keeping the sign free from faulty wiring, loose fastenings, and sharp or otherwise dangerous protrusions.

2.

No trash or rubbish shall be allowed to accumulate in the area around a sign and all weeds shall be kept out. If required landscaping dies, it shall be replaced no later than 30 days after written notification from a designated official of the city.

3.

Removal of abandoned signs. Any abandoned signs and/or sign structures shall be removed by the property owner or sign owner no later than 30 days after written notification from the Building Official or other designated official of the city. If the property owner or sign owner fails to comply within 30 days after written notification, the city may cause the removal of the sign at the property owner's or sign owner's expense.

2-33.

Non-conforming Use. A building, structure, or use of land existing at the time of enactment of this ordinance which does not conform to the regulations of the district in which it is located.

2-34.

Nursery School. An agency, organization, or individual providing daytime care of six or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.

2-35.

Open Space. That required portion of a lot at ground level, unoccupied by enclosed buildings and available to all occupants of the project. This space shall not be devoted to driveways or off-street parking but shall be usable for green space, recreational use and other leisure activities normally carried on outdoors.

2-36.

Permit. Written authorization issued by the Zoning Administrator with the approval of the Health Officer, permitting the construction or installation of any use allowed under this ordinance.

2-37.

Personal Care Home. A building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals and personal care for non-family ambulatory adults for compensation.

2-37.1.

Family Personal Care Home means a home for adults in a family-type residence, noninstitutional in character, which offers care to two through six persons.

2-37.2.

Group Personal Care Home means a home for adult persons in a residence or other type building(s), noninstitutional in character, which offers care to seven through 15 persons.

2-37.3.

Congregate Personal Care Home means a home for adults which offers care to 16 or more persons.

2-38.

Planning Commission. As utilized in this ordinance, the Planning Commission shall mean the Greater Lowndes County Planning Commission as duly appointed by the Hahira City Council.

2-39.

Principal Building. The building containing or to contain the principal use of a lot.

2-40.

Principal Use. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.

2-41.

Public Street. Right-of-way dedicated to the city, county, state or federal government, or owned by the city, county, state or federal government for public street purposes.

2-42.

Setback. The shortest distance between the centerline of a street and the principal building or structure on a lot.

2-43.

Shopping Center. Two or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.

2-44.

Sign. Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboard or poster panel) designed to carry the above visual information.

2-44.1.

Advertising Separate Use Sign. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered only elsewhere than upon the premises where the sign is displayed.

2-44.2.

Advertising Incidental Use Sign. A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered as a minor and incidental activity upon the premises where the sign is displayed.

2-44.3.

Bulletin Board. A sign used to announce meetings or programs to be held on the premises of a church, community recreation center, school, auditorium, library, museum, or similar non-commercial places of public assembly.

2-44.4.

Identification Sign. A sign used to identify only the name of the individual, family, organization, or enterprise occupying the premises.

2-44.5.

Point of Business Sign. A sign which directs attention to a business, profession, or industry located upon the premises where the sign is displayed, to a type of product sold, manufactured, or assembled, and/or to a service or entertainment offered on said premises, but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.

2-44.6.

Temporary Sign. Any sign, banner, pennant, or advertising display constructed of cloth, cardboard, wall board or other light materials, with or without frames. This definition includes portable display signs (mobile trailer signs for use with or without changeable letters.)

2-45.

Special Exception. A special exception is a use which within certain districts specified by this ordinance is not permitted as a matter of right but may be permitted within these districts by the Board of Appeals.

2-46.

Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, signs, swimming pools, and fall-out shelters but does not include walls or fences.

2-47.

Tourist Home. A dwelling in which sleeping accommodations are provided for transient visitors for compensation.

2-48.

Trailer, Travel Type. A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a "camper" or "travel" trailer.

2-49.

Variance. A variance is a relaxation of the dimensional and development standards of the zoning ordinance that will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the intentional actions of the applicant, a literal enforcement of the dimensional and developmental standards of this ordinance would result in unnecessary and undue hardship.

2-50.

Yard, Front. That area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. (See illustration, page [section] 7A.)

2-51.

Yard, Rear. That area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. (See illustration, page [section] 7A.)

2-52.

Yard, Side. That area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard. (See illustration, page [section] 7A.)

(Ord. No. 89-01, 3-5-2009; Ord. No. 2018-05-03, § I, 5-3-2018)

3-1.

Interpretation and Application. In interpreting and applying this ordinance, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purposes of this ordinance. Except as hereinafter provided, this ordinance shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or otherwise agreements between parties. Whenever the provisions of this ordinance impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of a lot to be left unoccupied than the provisions of other ordinances, rules, regulations or permits, or any easements, covenants or other agreements between parties, then the provisions of this ordinance shall govern.

3-2.

Zoning Affects All Land and Buildings. No buildings, structures, or land shall be used or occupied; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the requirements of this ordinance.

3-3.

Every Use Must Be Upon a Lot. No building or structure may be erected or use established unless upon a lot as defined by this ordinance.

3-4.

Only One Principal Building per Lot. Except as herein provided, (see section 9-2), there shall be no more than one principal building or structure upon any lot in any residential district.

3-5.

Open Space Not to Be Encroached Upon. No open space shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking space requirements, and such other requirements dictated by this ordinance for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall be interpreted not to be encroachments of yards.

3-6.

Required Open Space May Not Be Used by Another Building. No part of any yard, other open space, or off-street parking or loading space required in connection with any building, structure, or use by this ordinance shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building, structure, or use except as provided in section 7.

3-7.

Reduction of Yards or Lot Area. Except as provided in section 3-21, no lot existing at the time of passage of this ordinance shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

3-8.

Encroachment on Public Rights-of-Way. No building, structure, service area, or required off-street parking and loading facility, except driveways, shall be permitted to encroach on public rights-of-way.

3-9.

Location of Accessory Buildings or Uses. Accessory buildings on residential lots, when located within a front or side yard, shall be located no closer to property lines than would be allowed for a principal building. Within a rear yard, an accessory building on a residential lot shall be located at least five feet from all property lines and, except that in the case of corner lots, accessory buildings shall be set back from the centerline of an abutting street right-of-way a distance equal to three-fourths the front yard setback established for the zoning district in which the accessory buildings are located. In the case of a through lot, accessory buildings shall conform to front yard setbacks on both streets. Accessory buildings or uses on nonresidential lots shall comply with front, side, and rear yard requirements established for the zoning district in which such buildings or uses are located.

3-9.1.

Accessory Building on Separate Lot. An accessory building may be permitted, as a Special Exception by the Board of Appeals, on a separate lot from the lot of the principal building provided that: (a) the lot upon which the accessory building is to be located shall be within 400 feet of the principal use; and (b) all requirements, including use restrictions, established for the zoning district in which such accessory building is to be located shall be complied with; and (c) any structure or building erected shall meet the requirements of the Hahira Building Code and shall be approved by the building inspector. In addition to the above requirements, the Board of Appeals may require design features such as buffer strips, screening, etc., as may be found necessary to protect the purposes of this ordinance.

3-9.2.

Swimming Pools. Swimming pools accessory to residences or commercial uses shall be enclosed by a steel mesh security fence or other substantial building material affording equal or better access control. Said fence shall have a minimum height of four feet.

3-9.3.

Separation from Principal Use. Any accessory building of more than eight feet in height shall be located at least ten feet from the principal building.

3-10.

Every Lot Shall Abut a Street. No building shall hereafter be erected on a lot which does not have at least 50 feet of frontage on a publicly dedicated, accepted and maintained street.

3-11.

Uses Prohibited. If either a use or class of use is not specifically indicated as being permitted in a district, either as a matter of right, or as a Special Exception, then such use, class of use, or structures for such uses, shall be prohibited in such district.

3-12.

Zoning to Apply When Lot is Divided by District Boundary Line. In the event that a district boundary line on the zoning map divides a lot of record held in one ownership on the date of passage of this ordinance, each part of the lot so divided shall be used in conformity with the requirements established by this ordinance for the district in which such parcel is located; except, however, that if the property owner of such a lot so desires, he may extend a use allowed on either portion of said lot 50 feet beyond the district boundary line in accordance with setbacks and yard requirements of the district into which he is encroaching.

3-13.

Required Buffers in CN, CH, CBD, M-1 and M-2 Districts. In a CN, C-B-D, CH, M-1 and M-2 zoning district, where a lot abuts any residential district, a six foot wide buffer the entire length of the lot abutting the residential property shall be provided with screening as specified in section 3-15. Off-street parking associated with such uses shall be governed by this same provision.

3-14.

Screening of Service Areas Within 150 Feet of Public Street. Any service area, loading area, refuse, or storage area associated with a principal building and being visible from a public street and lying within 150 feet of said street shall be screened from view from the public street as specified in section 3-15.

3-15.

Screening Required. Wherever screening is required by this ordinance, a durable masonry wall, or fence and hedge of sufficient opacity to provide a visual blind, designed to be compatible with the character of adjoining properties, shall be provided and maintained by the owner or his successors and assigns. Such fences and walls shall be at least six feet in height, but no greater than eight feet in height, measured from the ground along the common lot line of the adjoining properties. Hedges or comparable natural plantings shall be of such variety that an average height of at least six feet could be expected by normal growth within no later than three years from the time of planting. The owner/developer shall install the screening prior to issuance of the certificate of occupancy. Occupancy will not be allowed until the screening is completed as a part of the normal development requirements.

3-16.

Side and Rear Yards Not Required Next to Railroad. Within any nonresidential district, side yards and rear yards shall not be required adjacent to railroad rights-of-way.

3-17.

Substandard Lots of Record. Any lot of record existing at the time of the adoption of this ordinance, which has an area or a width which is less than required by this ordinance, shall be subject to the following exceptions and modifications:

3-17.1.

Lot Not Meeting Minimum Lot Size Requirements. In any district, any lot of record existing at the time of the adoption of this ordinance which has an area or a width which is less than that required by this ordinance may be used as a building site for a structure or other use permitted in that zone; provided, however, that the same yard, setback, open space, and other dimensional requirements are met that would be required for a standard lot.

3-18.

Permitted Modification of Front Yard Setback Requirement. When a building is proposed on a lot and when on either or both lots which adjoin such lot at the street right-of-way line there exists a principal building which does not conform to the setback requirements of this ordinance, the required setback for such building shall be as follows: (1) where only one said adjoining lot contains a principal building with a non-conforming setback the setback shall be the computed average of (a) the normal setback requirement with (b) the non-conforming setback, or (2) where both adjoining lots contain a principal building each with a non-conforming setback, the minimum setback shall be the computed average of the two non-conforming setbacks.

3-19.

Structures Permitted Above the Height Limit. The height limits of this ordinance shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smoke stack, conveyor, flag pole, radio or television tower, mast or aerial, parapet wall not extending more than four feet above the roof line of the building, and necessary mechanical appurtenances.

3-20.

Permitted Encroachments of Yards and Setbacks. Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project not more than three feet beyond any required setback line, except where such projections would obstruct driveways: provided, however, that in the case of automobile service stations, motels, and similar uses which serve the motoring public, canopies shall be allowed over a driveway or walkways within the front yard not to extend from the principal building to a point any closer than 15 feet from the street right-of-way line.

3-21.

Modification of Side Yard Requirements. When a lot of record has a width less than the frontage required in the district in which it is located, then the Zoning Administrator shall be authorized to reduce the side yard requirements for such lot; provided, however, that there shall not be less than a eight foot side yard.

3-22.

Zoning of Annexed Area. Areas annexed to the City of Hahira subsequent to the adoption of this ordinance shall be subject to this ordinance as is all land area currently located in the corporate limits of the city. It is required that the annexation petition be accompanied by the petitioner's request for the city to assign a zoning designation to the property to be annexed and consideration of such property for initial City of Hahira zoning designation shall be subject to the normal amendatory requirements of this ordinance, including the normal public hearing requirements.

4-1.

Establishment of Districts. In order that the purposes of this ordinance as defined in section 1 may be accomplished, there are hereby established within the City of Hahira zoning districts identified as follows:

4-1.1.

R-15 Single-Family Residential. The purpose of this district is to provide single-family residential areas with minimum lot sizes of 15,000 square feet, said areas being protected from the depreciating effects of smaller lot development and excessive density and from the encroachment of these uses which are incompatible to a desirable residential environment.

4-1.2.

R-10 Single-Family Residential. The purpose of this district is to provide single-family residential areas with minimum lot sizes of 10,000 square feet, said areas being protected from the depreciating effects of smaller lot development and excessive density and from the encroachment of those uses which are incompatible to a desirable residential environment.

4-1.3.

R-6 Single-Family Residential. The purpose of this district is to provide residential areas with minimum lot sizes of 6,000 square feet, said areas being protected from the depreciating effects of smaller lot development and excessive density and from the encroachment of those uses which are incompatible to a desirable residential environment.

4-1.4.

R-6-M Residential. The purpose of this district is to create an area that, in addition to one, two and Multifamily housing, allows mobile homes as a matter of right in a conventional subdivision. Lots in this district must have a minimum of 6,000 square feet. These districts shall be protected from the encroachment of incompatible uses which are detrimental to a sound residential environment.

4-1.5.

MHP Mobile Home Park. The purpose of this district is to provide for the development of property that is located and planned for mobile home use. Property developed in this district is to remain under single ownership for rental purposes only. Mobile home parks shall be developed only in strict accordance with the Mobile Home Park provisions of this ordinance.

4-1.6.

RP Residential-Professional. The purpose of this district shall be to create an area in which residential, professional, educational, and institutional uses can be compatibly mixed while maintaining a healthful living environment for the residents of the district and at the same time preventing the development of blight and slum conditions. The minimum lot size in this district shall be 6,000 square feet.

4-1.7.

C-N Neighborhood Commercial. The purpose of this district shall be to provide and protect convenient areas for neighborhood shopping facilities consisting of neighborhood oriented sales and services.

4-1.8.

C-H Highway Commercial. The purpose of this district shall be to provide for and encourage the proper grouping and development of uses which include a wide variety of sales and services that will best accommodate the needs of the city and the traveling public in order to reduce highway traffic congestion, traffic hazards, and blight along the public streets of the city.

4-1.9.

C-B-D Central Business District. The purpose of this district shall be to accommodate development which will include a wide variety of sales which locate in the city's historical Central Business District. Due to the unique design of this district to serve the special needs of the city's historical central business district, applications for this zoning designation will not be accepted.

4-1.10.

M-1 Light Manufacturing. The purpose of this district shall be to provide and protect areas for those wholesale and light industrial uses which do not create excessive noise, odor, smoke, dust, and which do not possess other objectionable characteristics which might be detrimental to surrounding neighborhoods, or to the other uses permitted in the district.

4-1.11.

M-2 Heavy Manufacturing. The purpose of this district shall be to provide and protect areas for those industrial uses which cannot comply with the requirements of the M-1 district.

4-2.

Official Zoning Map and Major Thoroughfare Plan.

The boundaries of each zoning district are shown on a map entitled "Official Zoning Map, City of Hahira, Georgia." The classification of streets (local and collector streets and principal and minor arterials) within Hahira, Georgia are shown on a map entitled "Major Thoroughfare Plan, City of Hahira, Georgia." Both maps shall be dated and certified by the Mayor and the city Clerk, and said maps and all explanatory matter thereon accompanies and is hereby made a part of this ordinance.

Accurate copies of the "Official Zoning Map, City of Hahira, Georgia" and the "Major Thoroughfare Plan, City of Hahira, Georgia," shall be on file in the office of the Zoning Administrator at all times. Said map shall accurately show all map amendments made in accordance with the provisions of this ordinance. It shall be the duty of the Zoning Administrator to ensure that the "Official Zoning Map, City of Hahira, Georgia" and the "Major Thoroughfare Plan, City of Hahira, Georgia," displayed in his office are kept up-to-date and accurately show all amendments.

4-3.

Interpretation of Zoning District Boundaries. When uncertainty exists with respect to the location of boundaries of any zoning district as shown on the "Official Zoning Map, City of Hahira, Georgia," the following rules shall apply:

4-3.1.

Unless otherwise specifically indicated, where district boundaries are indicated on the zoning map as approximately following the centerline of a street right-of-way, highway, railroad right-of-way line, stream bed, or river bed; such centerlines shall be interpreted to be such district boundaries.

4-3.2.

Boundaries indicated as approximately following platted lot lines shall be interpreted as following such lot lines.

4-3.3.

Where district boundaries are indicated on the zoning map as approximately following the corporate limit lines, then such corporate limit lines shall be interpreted to be such district boundaries.

4-3.4.

Where district boundaries are indicated on the zoning map as being set back from the centerline of a street right-of-way, road, highway, railroad, stream, or river, and parallel thereto, then such district boundaries, unless otherwise specifically indicated, shall be interpreted as being at the scaled distance from the centerline of such street, road, highway, railroad, stream, or river as being parallel thereto.

5-1.

Table of Permitted Uses. Within the various zoning districts as indicated on the "Official Zoning Map, City of Hahira, Georgia," no building, structure, or land shall be constructed, erected, altered, or used except as indicated in the following schedules:

5-1.1.

Uses Permitted by Right. Uses permitted as a matter of right are indicated on the following schedule by the letter "X" in the appropriate column.

5-1.2.

Special Exception. Uses permitted only after special review and approved by the Board of Appeals are indicated on the following schedule by the letters "SE" in the appropriate column.

5-1.3.

Uses Not Allowed. Uses not specifically designated by an "X" or "SE" within the appropriate column are not allowed within the district.

5-1.4.

Conflict of Use Interpretation. In the event of a discrepancy between the various provisions of this ordinance as relates to a particular use of land being allowed in a particular zoning district, section 5, Schedule of Permitted Uses, shall govern.

5-1.1.5.

Uses permitted by administrative permit. Uses permitted after issuance of an administrative permit (see section 11-4-4.5) are indicated on the following schedule by the letters "AP" in the appropriate column.

(Ord. No. 2018-05-03, § II, 5-3-2018)

(Ord. No. 2018-05-03, § III, 5-3-2018)

6-1.

Development Standards. Within the various zoning districts as indicated on the 'Official Zoning Map, City of Hahira, Georgia," no building or structure, excluding all signs other than separate use advertising signs, shall be constructed or erected except as indicated in the following schedule:

7-1.

Off-Street Automobile Parking and Storage. At the time of the erection of any type of building or structure herein listed or at the time any such building or structure is enlarged or increased in capacity, there shall be provided for such new construction, enlargement or increased capacity only, off-street automobile parking and storage in accordance with the following minimum requirements except in the C-B-D zoning district. Such space shall be provided with vehicular access to a street or alley.

7-1.1.

Dwellings; two spaces per dwelling unit.

7-1.2.

Rooming and boarding houses and hotels; one space for each guest room.

7-1.3.

Places of public assembly, churches, fraternal organizations; one space for each four seats to be accommodated in the main assembly room.

7-1.4.

Tourist rooms, tourist courts, or motels; one space for each bedroom.

7-1.5.

Hospitals, convalescent homes, or similar institutions; one space for each two beds intended for patients, excluding bassinets.

7-1.6.

Retail businesses; one parking space for each 150 square feet of retail floor area.

7-1.7.

Medical and dental offices and clinics; one space for each 100 square feet of office floor area.

7-1.8.

Offices including banks; one space for each 200 square feet of total floor area.

7-1.9.

Automobile service stations; two spaces for each gasoline pump plus three spaces for each grease rack or similar facility.

7-1.10.

Wholesaling; one space for each two employees.

7-1.11.

Industrial; one space for each two employees at maximum employment on a single shift.

7-1.12.

Bus terminals; three spaces for each loading and unloading bay.

7-1.13.

Auto sales and repair; one space for each two employees at maximum employment on a single shift, plus two spaces for each 300 square feet of auto repair or maintenance space.

7-1.14.

Shopping Center; one parking space for each 200 square feet of total floor area.

7-2.

Off-Street Parking Within 250 Feet of Principal Use. If vehicle parking or storage space required cannot be reasonably provided on the same lot on which the principal use is conducted, such space may be provided on other appropriately zoned off-street property provided such space lies within 250 feet of the main entrance to such principal use. Such vehicle parking space shall be clearly associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

7-3.

Combined Parking Spaces. The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.

7-4.

Size of Off-Street Parking Spaces. The area of each parking space shall contain not less than 200 square feet with appropriate dimensions for the parking of an automobile, exclusive of the access drives or aisles thereto and adequate off-street maneuvering areas which generally will require an additional 100 square feet per vehicle.

7-5.

Off-Street Loading and Unloading Space. Every building or structure used for business, trade, or industry, shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley.

7-5.1.

Retail Business: One space, ten feet by 25 feet, for each 3,000 square feet of floor area or fraction thereof.

7-5.2.

Wholesale and Industry: One space, ten feet by 50 feet, for each 10,000 square of floor area or fraction thereof.

7-5.3.

Bus and Truck Terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loading or unloading at the terminal at any one time.

7-6.

Curb Cut Requirements. In all zoning districts, where the lowering or cutting away of curbs, or the placement of asphalt and/or driveway pipe on non-curbed sections is required for the purpose of access from public rights-of-way to private property, such curb cuts shall meet the following standards:

7-6.1.

Residential Curb Cuts. Residential curb cuts shall have a maximum width of 20 feet at the street right-of-way line. Where at least two streets intersect, all residential curb cuts shall be located at least 15 feet from the intersection of the street rights-of-way lines or right-of-way lines extended, unless more restrictive standards are required by the Georgia Department of Transportation.

7-6.2.

Commercial and Industrial Curb Cuts. Commercial and industrial curb cuts shall have a maximum width of 35 feet at the street right-of-way line. Where at least two streets intersect, all commercial and industrial curb cuts shall be located at least 60 feet from the street rights-of-way lines or rights-of-way lines extended, unless more restrictive standards are required by the Georgia Department of Transportation.

8-1.

Non-conforming Lots. Any lot for which a plat or legal description has been recorded in the Office of the Clerk of Superior Court of Lowndes County at the time of passage of this ordinance which fails to comply with the dimensional requirements for the district in which it is located may, if vacant, be used for any of the uses permitted within the district by this ordinance, or if occupied by a structure containing a conforming use, may have the structure improved, enlarged, or extended; provided that in either case:

8-1.1.

Minimum requirements of the district for front, side, and rear yard, height, and floor area shall be complied with.

8-1.2.

A lot to be used for duplexes, Multifamily dwellings, mobile homes, or mobile parks, when allowed within the district, only if the lot meets the minimum lot area requirements for those uses in the district.

8-2

Non-conforming Uses of Land. Non-conforming uses consisting of lots, including such uses as but not limited to storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf, mobile home parks and other similar open uses, where the only buildings on the lot are incidental and accessory to the use of the lot, and where such use of the land is not permitted to be established hereafter under this ordinance in the district in which it is located, shall be governed by the following restrictions in addition to the other requirements in this ordinance:

8-2.1.

When a non-conforming use of land has been changed to a conforming use, it shall not thereafter be used for any non-conforming use.

8-2.2.

Non-conforming uses of land shall not be changed to any but conforming uses.

8-2.3.

A non-conforming use of land shall not be enlarged to cover more land than was occupied by that use when it became non-conforming.

8-2.4.

When any non-conforming use of land is discontinued for a period in excess of six months, any future use of the land shall be limited to those uses permitted in that district under the provisions of this ordinance. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

8-3.

Non-conforming Uses of Structures. Non-conforming uses consists of structures used, at the time of passage of this ordinance, for purposes not permitted in the district in which they are located. In addition to the other requirements of this ordinance, non-conforming uses of structures shall be governed by the following restrictions:

8-3.1.

An existing non-conforming use of a structure shall not be changed to another non-conforming use that generates more automobile or truck traffic, creates more noise, vibration, smoke, dust or fumes, is a more intensive use of structures than the existing non-conforming use, or is in any way a greater nuisance to the adjoining properties than the existing non-conforming use.

8-3.1[2].

A non-conforming use of a structure shall not be extended or enlarged except into portions of the structure which at the time the use became non-conforming were already erected and arranged or designed for such non-conforming use. No structural alterations shall be made in any structure occupied by a non-conforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.

8-3.2[3].

When any non-conforming use of a structure is discontinued for a period in excess of one year, any future use of the structure shall be limited to those uses permitted in that district under the provisions of this ordinance. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision. A passive use such as storage shall not be sufficient in and of itself to constitute a continuance of a non-conforming use.

8-4.

Non-conforming Signs. Non-conforming signs shall be allowed to continue except as provided in paragraphs [subsections] 10-3, and 10-6 as follows:

8-4.1.

A non-conforming sign shall not be replaced by another non-conforming sign except that the substitution or interchange of poster panels, painted boards, or demountable material on non-conforming signs shall be permitted.

8-4.2.

Minor repairs and maintenance of non-conforming signs such as repainting, electrical repairs, and neon tubing repairs shall be permitted. However, no structural repairs or changes in the size or shape of a non-conforming sign shall be permitted except to make the sign comply with the requirements of this ordinance.

8-4.3.

New point of business sign related to legally established non-conforming uses may be erected provided they comply with the sign regulations applicable to the use in the most restrictive district in which the use is permitted.

8-5.

Reconstruction of Non-conforming Structures. When a non-conforming structure or a structure containing a non-conforming use or non-conforming sign is razed or damaged by fire, flood, wind, or act of God, such structure or sign may be reconstructed as a non-conforming use only if the damage totals less than 50 percent of the value of the structure. Structures which do not conform to the yard requirements of this ordinance shall also be governed by this provision.

8-6.

Changes in Zoning. Any non-conformances created by a change in district boundaries or ordinance requirements after the date of passage of this ordinance shall also be governed by the provisions of this section.

9-1.

Home Occupations. A home occupation as defined by this ordinance shall be governed by the following requirements:

9-1.1.

At least one resident and not more than one nonresident of the dwelling may be engaged in the home occupation. The resident must be the owner of the home occupation.

9-1.2.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building.

9-1.3.

No display of products shall be visible from the street, and only products produced on the premises may be sold on the premises.

9-1.4.

Only one point of business sign, not exceeding two square feet in size, motionless, non-lighted, and attached to the principal building, shall be permitted, and no advertising signs shall be permitted.

9-1.5.

Use of the building for this purpose shall not exceed 25 percent of one floor of the principal building.

9-1.6.

No internal or external alterations inconsistent with the residential use of the building shall be permitted.

9-1.7.

The occupation shall not constitute a nuisance in the neighborhood.

9-1.8.

No accessory buildings or outside storage shall be used in connection with the occupation.

9-1.9.

Instruction in music and similar subjects shall be limited to two students at a time.

9-1.10.

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

9-1.11.

The following and similar uses may be considered home occupations provided that all additional requirements of this section are met: accountant, addressing service, answering service, architect, art instructor, barber or beauty shop (with no more than one chair), drafting, dressmaking, insurance agent, manufacturing agent, music teacher, notary public, photography, real estate agent, and tax consultant.

9-1.12.

Not more than five children may be kept in the home as a nursery as a customary home occupation.

9-2.

Multifamily Development Projects. Multifamily Development Projects must meet the following requirements:

9-2.1.

Multiple buildings are allowed on a single lot in these development types.

9-2.2.

Two parking spaces shall be provided for each dwelling unit proposed as part of any Multifamily development project.

9-2.3.

Multifamily development projects shall conform to the building height restrictions and yard setback requirements listed in section 6 of this ordinance.

9-2.4.

Each dwelling unit proposed as part of a Multifamily development project shall meet the minimum floor area requirements listed in section 6 of this ordinance, as well as limitations for efficiency and one bedroom units as part of the total project development.

9-2.5.

All Multifamily development projects shall leave 500 square feet per dwelling unit in a natural state as open space or be developed as park and/or open air recreation facilities.

9-3.

Mobile Home Parks. Mobile home parks are allowed within the MHF district as a matter of right provided the following requirements are met:

9-3.1.

The minimum size shall be two acres.

9-3.2.

The park shall have minimum side yards of 20 feet, minimum rear yard of 20 feet, and a front yard of at least 20 feet greater than that required for other uses permitted in the district.

9-3.3.

Each mobile home shall be connected to an approved water and sewer system.

9-3.4.

The minimum lot area per mobile home shall be not less than 4,000 square feet with a minimum stall width of 40 feet, where public sewer and water are available.

9-3.5.

The minimum distance between any two mobile homes or between any mobile home and any other building in the park shall be 20 feet.

9-3.6.

A 20 foot private drive(s), paved and properly drained, shall serve all mobile home stalls and be drained so as to prevent damage to adjoining property, public or private.

9-3.7.

Each mobile home lot shall be clearly defined by means of concrete, steel or iron pipe markers placed at all corners.

9-3.8.

At least 500 square feet per mobile home lot, not to be a part of the required mobile home lot, shall be provided in one or more locations for community playground and recreation purposes.

9-3.9.

All property lines of a mobile home park which abut any zoning district other than another MHP district shall be screened as described in section 3-15.

9-3.10.

No mobile home park shall be occupied by a greater number of mobile homes than that authorized in the approved building and inspection permits. No mobile home park shall be enlarged or extended unless a separate building permit and a separate certificate of occupancy have been issued.

9-3.11.

Any new mobile home park is subject to review and approval of the Planning Commission prior to approval of a building permit to insure compliance with the aforementioned requirements.

9-3.12.

Access to mobile home parks shall be by paved public street and either on or within 1,000 feet of and directly accessible to an arterial or collector street as designated on the Major Thorough-fare Plan, City of Hahira, Georgia.

9-4.

Animals. The keeping of horses, dogs, cats, provided that:

9-4.1.

No more than two horses, two dogs, or two cats are kept on any one lot.

9-4.2.

The distance from an enclosure for horses to the nearest principal building shall not be less than 300 feet and the distance from any property line shall be not less than 75 feet.

9-4.3.

The distance from the enclosure for dogs and cats to the nearest property line shall not be less than 75 feet.

9-5.

Church or Other Place of Worship. Churches or other places of worship, including Sunday school buildings, parish houses, convents, nursery school, kindergartens and other related uses on the same premises and operated by the church provided that:

9-5.1..

The lot size shall be no less than two acres in R-15, R-10, R-6, and R-6-M zones; all other zoning classifications require a minimum lot size of one acre.

9-5.2.

The property on which such uses are established shall front on a collector or arterial street as specified on the Major Thoroughfare Plan, Hahira, Georgia.

9-5.3.

Any building or structure established with any such use shall have minimum side and rear yards of 50 feet.

9-6.

Group Personal Care Home. Group personal care homes shall be provided that:

9-6.1.

Minimum lot size of one acre in all residential zones.

9-6.2.

Parking is restricted to rear and side yard and shall be screened per section 3-13.

9-7.

Fraternities and Sororities. Fraternities and sororities located on a collector or arterial street as specified on the Major Thoroughfare Plan, Hahira, Georgia. Lot must be within 500 feet of main college campus.

9-8.

Garage Apartment. Garage apartments shall be allowed provided no more than one shall be permitted on a lot with the principal dwelling, and provided such shall be permitted only within the rear yard. The lot on which such use is to be established must be 50 percent greater in lot area than the minimum standard lot size for the respective district.

9-9.

Guest Quarters or Servant's Quarters. Guest or servant's quarters shall be allowed provided no more than one shall be permitted on a lot with the principal building and provided such shall be permitted only within the rear yard. The lot on which such use is to be established must be 50 percent greater in lot area than the minimum standard lot size for the respective district.

9-10.

Mobile Home Not in Mobile Home Park. Mobile homes shall be allowed provided that:

9-10.1.

The mobile home shall meet the same requirements as a single-family dwelling.

9-10.2.

The mobile home shall be set on a permanent foundation, properly underpinned, and anchored per building code requirements.

9-11.

Schools, Kindergartens, Nurseries, and Day Care Centers. Schools, kindergartens, nurseries, and day care centers shall be allowed provided that:

9-11.1.

Off-street loading and unloading spaces are supplied.

9-11.2.

At least 100 square feet of outdoor play area is supplied for each child accommodated.

9-11.3.

The entire play area is enclosed by a steel mesh security fence or other substantial building material affording equal or better access control having a minimum height of at least four feet and constructed in such a manner that maximum safety to the children is ensured.

9-12.

Commercial Travel Trailer Park. Commercial travel trailer parks are allowed within the C-H zoning classification as a matter of right provided the following requirements are met:

9-12.1.

No travel trailer park shall be located except with direct access to a principal or minor arterial with a minimum lot width of not less than 50 feet for that portion used for entrance and exit. No entrances or exits shall be through a residential district, or shall require movement of traffic from the park through a residential district.

9-12.2.

The minimum lot area required for a travel trailer park shall be three acres.

9-12.3.

No space shall be located so that any part intended for occupancy for sleeping purposes shall be within 20 feet of any exterior property line.

9-12.4.

In addition to meeting the above requirements, the travel trailer park site plan shall be accompanied by a certificate of approval from the Lowndes County Health Department.

9-13.

Building Contractors and Related Activities. Building contractors and the storage of building materials and supplies shall be allowed provided that equipment and materials temporarily stored or displayed outside shall be completely enclosed by a suitable fence. No sawmill or planing mill operations shall take place on the premises within any district other than the M-1 and M-2 districts.

9-14.

Drycleaning Establishments. Drycleaning establishments shall be allowed provided:

9-14.1.

Drycleaning establishments using cleaning systems which make use of solvents rated at above 40 by the Underwriter's Laboratories, Inc. Standard of Classification known as Class 1 Systems shall be prohibited.

9-14.2.

Drycleaning establishments which use cleaning systems which make use of solvents rated at more than five but less than 40 according to the Underwriter's Laboratories, Inc. Standard Classification known as Class II and Class III Systems, shall not be established in building with other occupancy.

9-14.3.

The building for a drycleaning establishment shall not contain more than 4,000 square feet of floor area inclusive of drycleaning pick-up facilities within the building.

9-14.4.

The building for a drycleaning plant shall not contain more than 4,000 square feet of floor area inclusive of drycleaning pick-up facilities within the building.

9-14.5.

The drycleaning establishment shall be designed to operate in a manner that will not emit smoke, odor, or objectionable waste materials and which will not produce noise that will carry beyond the walls of the building occupied by such plant.

9-14.6.

Fuel for operation of equipment shall be smokeless fuel.

9-14.7.

The applicant for the drycleaning plant shall certify in writing at the time of application that all of the above conditions will be met.

9-15.

Reserved.

9-16.

Hospitals, Nursing Homes, Care Homes, and Congregate Personal Care Homes. These facilities must meet the following requirements:

9-16.1.

The lot size shall be no less than three acres within any district where allowed.

9-16.2.

Any building or structure established with any such use shall have minimum side and rear yards of 50 feet.

9-16.3.

The front yard setback shall be 25 feet more than required for other structures within the same district.

9-16.4.

The lot upon which any such use is built shall front on a collector or arterial street as specified on the Major Thorough-fare Plan, Hahira, Georgia.

9-17.

Heavy Manufacturing. Any manufacturing, packaging, processing, or handling of materials, shall be allowed in the M-2 zoning classification provided that any uses such as the manufacturing of cement, corrosive acids, bone distillation, drop forge industry, fat rendering, fertilizer manufacturing, organic materials reduction, meat processing plants, and the like which produce noise, odor, dust, fumes, fire hazards, or other nuisance features shall be set back not less than 500 feet from any M-2 district boundary.

9-18.

Junk Yard, or Auto Graveyard, or Automobile Dismantling. The uses shall be allowed provided that:

9-18.1.

A minimum of three acres is used.

9-18.2.

All setbacks shall be increased 100 feet over requirements for M-2 district.

9-18.3.

These uses cannot be adjacent to R-15, R-10, R-6, R-6-M, MHP, and R-P districts.

9-18-4.

The entire yard or operation shall be screened as required in section 3-15.

9-19.

Light Manufacturing.

9-20.

Lumber Yard, Coal Storage Yards, or other Storage not Specifically Addressed elsewhere in these Regulations. Such storage yards shall be enclosed by a fence and no storage shall be permitted outside such fence.

9-21.

Temporary Use, Commercial Retail (vendors).

(1)

A temporary commercial retail use other than food vending shall require an Administrative Permit (section 11-1.1) issued by the Zoning Administrator for a time period not to exceed 30 days per calendar year on the same lot or parcel of land. A temporary commercial retail use for food vending shall require an administrative permit for a time period not to exceed seven consecutive days. An applicant shall not be eligible to apply for a new administrative permit for food vending until at least 30 days after expiration of the applicant's previous permit.

(2)

The provisions of this section shall not apply to ice cream trucks (see section 2-25A) or to vendors at festivals or other special events sanctioned or operated by the city.

(3)

Temporary commercial retail uses shall operate in accordance with the following regulations:

(a)

No temporary commercial retail use activities or vehicles shall be permitted to operate in the following areas:

i.

Within 20 feet from the right-of-way of any city roadway or street.

ii.

Within a required landscape strip or buffer or improvement setback.

iii.

Within 20 feet of any street intersection or crosswalk.

iv.

Within 20 feet of any driveway or other curb cut access, loading zone or bus stop.

v.

In any area within 50 feet of a building entrance.

vi.

On the median strip of a divided roadway.

vii.

In front of display windows of a fixed location business.

viii.

Within 100 feet of an elementary, middle or high school property line.

ix.

Within 50 feet of a residential zoning district line.

x.

Within ten feet of any fire hydrant or fire escape.

xi.

Within ten feet of any parking space or access ramp designated for persons with disabilities.

xii.

On a vacant parcel of land without a permanent commercial building or without an existing active business that is properly licensed, unless the parcel is owned by the Permit applicant.

xiii.

On a parcel of land that already contains or is approved for another temporary commercial retail use.

(b)

No vending cart or stand, or other item related to the operation of a temporary commercial retail use shall be located on any city sidewalk or other public way during non-vending hours. Nor shall any vehicle be parked, stored or left overnight other than in a lawful parking place.

(c)

Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites or locations clean and free of paper, peelings, and refuse of any kind generated from their businesses. All trash or debris accumulating within 25 feet of any vending stand shall be collected by the vendor and deposited in a trash container. Vendors engaged in food vending shall provide a receptacle for litter that shall be maintained and emptied regularly and marked as being for litter.

(d)

Prohibited Conduct. No temporary commercial retail use may do any of the following:

i.

Obstruct pedestrian or motor vehicle traffic flow.

ii.

Obstruct traffic signals or regulatory signs.

iii.

Stop, stand or park any vehicle, pushcart or other conveyance upon any street for the purpose of selling during the hours when parking, stopping and standing have been prohibited by signs or curb markings.

iv.

Leave any vending cart or stand unattended at any time or store, park, or leave such conveyance in a public way overnight.

v.

Use any vending cart or stand that when fully loaded with merchandise cannot be easily moved and maintained under the control of licensed Vendor.

vi.

Generate excessive noise or sound any device that produces a loud or raucous noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention.

vii.

Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.

(4)

A drawing showing the dimensions of the proposed sales area, required parking spaces, and location of the vending stand, vending cart, or motor vehicle used for sales, shall accompany the Administrative Permit application and shall depict compliance with the standards of this subsection.

(5)

The applicant shall provide a notarized written permission statement from the property owner of the subject site and a 24-hour contact number of the property owner or their designated contact person.

(6)

Vendors shall comply with all state, federal and local health and safety codes, regulations and requirements and shall obtain and maintain any and all licenses required by any governmental or regulatory agency having jurisdiction over this subject matter. Food vendors must have a food vending permit from the Georgia Department of Human Resources, Public Health or the Lowndes County Health Department acting as agent of the Department of Human Resources. The license(s) under which the vendor is operating must be firmly attached and visible at all times.

(7)

No sale or offer for sale shall be made by any vendor between the hours of 10:00 p.m. and 8:00 a.m. unless such sale is in conjunction with a city approved special event.

(Ord. No. 2018-05-03, § IV, 5-3-2018)

10-1.

Signs Shall Meet Requirements of this Section. All signs within the City of Hahira shall be erected, constructed, or maintained in accordance with the provisions of this section 10 and applicable sections of the Southern Standard Building Code for the City of Hahira, and only those signs that are permitted by these ordinances shall be erected in the City of Hahira.

10-2.

No Signs Shall Hamper Traffic Safety. No sign shall be erected or continued that:

a.

Obstructs the sight distance along a public right-of-way.

b.

Would tend by its location, color, or nature, to be confused with or obstruct the view of traffic signs or signals, or to be confused with a flashing light of an emergency vehicle.

c.

Would by its nature or moving parts tend to confuse traffic or create any potential hazard to traffic.

d.

Uses of admonitions such as "stop," "go," "slow," "danger," etc. which might be confused with traffic directional signals.

10-3.

Locations Prohibited. No sign shall be attached to or painted on any telephone pole, light pole, telegraph pole, or any tree, rock, or other natural object. Except in the C-B-D districts, no signs other than those signs erected by public governmental agencies or signs required by law, shall be placed so as to overhang any portion of public rights-of-way or other public properties.

10-4.

Illumination Not To Be a Nuisance. Illumination devices such as, but not limited to, flood or spot lights shall be so posted and so shielded as to prevent the rays or illumination therefrom being cast into neighboring dwellings and approaching vehicles.

10-5.

Signs Not Requiring a Permit.

a.

Signs to regulate traffic.

b.

Signs required to be posted by law.

c.

Warning signs and no trespassing signs.

d.

Signs established by governmental agencies.

e.

Signs indicating bus stops, taxi stands, and similar transportation facilities.

f.

Signs not exceeding ten square feet in area advertising specific property for sale, lease, rent, or development, or private property.

g.

Temporary real estate signs less than ten square feet in area advertising specific property for sale, lease, rent or development, on private property.

h.

Any sign not exceeding ten square feet in area other than Advertising Separate Use Signs or signs requiring electrical wiring.

i.

Temporary signs on private land involved in campaigns of religious, charitable, civic, fraternal, political, and similar organizations.

10-6.

Maximum Area of Signs. No sign shall be larger in area than 400 square feet.

10-7.

Issuance of Permits, Administration and Filing Procedure.

10-7.1.

Issuance of Permit. No sign, except those listed in section 10-5 shall be erected, hung, or placed or structurally altered without a permit from the Zoning Administrator. The Zoning Administrator shall only issue a permit for the erection or construction of a sign which meets the requirements of this zoning ordinance and applicable sections of the Southern Standard Building Code for the City of Hahira.

10-7.2.

Filing Procedure. Application for permits to erect, hang, or place a sign shall be submitted on forms obtainable from the Zoning Administrator. Each application shall be accompanied by plans showing the area of the sign, size and character and the method of illumination, if any, the exact location proposed for such sign and in the case of a projecting sign, the proposed method of fastening said sign to the building structure, the vertical distance between such sign and the finished grade, the horizontal distance between such sign and the street right-of-way line. In addition, the application must be accompanied by a permit fee, the cost of which shall be established by the City Council.

10-7.3.

Additional Information. Each application shall, upon the request of the Zoning Administrator, submit any additional information deemed necessary by said Administrator.

10-7.4.

Temporary Signs. If a temporary sign which requires a permit is not intended to be left in place for a period to exceed three months, the owner may deposit a sum of $10.00 with the Zoning Administrator in lieu of the usual permit fee. If the sign is removed by the owner before the first day of the fourth month, the deposit shall be refunded in full; if not, the deposit shall be forfeited and the Zoning Administrator shall remove said sign.

10-7.4[5].

Signs Adjacent to the Primary Systems of Highways within the City of Hahira. The erection, construction or maintenance of advertising separate use signs in areas adjacent to and visible from the main traveled way of the Primary Highway Systems shall be limited to C-B-D, M-1 and M-2 zoning districts. No sign permit shall be issued by the Zoning Administrator for sites adjacent to and visible from the Primary Highways unless a valid permit has been obtained from the Georgia Department of Transportation.

11-1.

Zoning Administrator. An administrative official designated as the Zoning Administrator by the City Council, Hahira, Georgia, shall administer and enforce the provisions of this ordinance.

11-1.1

Administrative Permits.

(A)

The Zoning Administrator is authorized to approve administrative permits for certain temporary uses if authorized in accordance with section 5-1 Table of Permitted Uses.

(B)

Applications for administrative permits shall be filed on forms provided by the Zoning Administrator and shall be accompanied by a fee that shall be established by the Mayor and City Council. The application shall specify the nature, equipment and facilities, location and duration of the proposed temporary use and shall provide written consent of owners of the property where the activity is proposed to take place, if not the property of the applicant, as well as the written consent of each property owner of the adjacent properties.

(C)

Within ten days following receipt of a complete application, the Zoning Administrator shall approve, approve with conditions, or disapprove said application.

(D)

Prior to action on an administrative permit application, the Zoning Administrator shall conduct a site inspection of the location specified in the application and shall prepare a written analysis applying the criteria and standards set forth as follows:

(1)

The proposed temporary use complies with the applicable standards of section 5-1 and other applicable requirements of the Zoning Ordinance.

(2)

The applicant possesses a current business license for the proposed use, if required by law.

(3)

The location proposed for the temporary use(s) is appropriate in terms of each of the following criteria:

(a)

It provides adequate space for the proposed use.

(b)

It makes adequate provision for public safety, access and traffic circulation.

(c)

It makes adequate provision for utilities.

(d)

It makes adequate provision for parking.

(e)

It makes adequate provision for sanitation.

(f)

It makes adequate provision for litter control and solid waste disposal.

(g)

It is aesthetically compatible with the surroundings.

(h)

It does not interfere with the use of the subject property and surrounding properties.

(i)

It causes no undue emissions of smoke, light, heat, noise, runoff, or other forms of pollution.

11-1.2

Exceptions. The provisions of sections 9-21 and 11-1.1 shall not apply to the following businesses which are licensed and operating as of the effective date of this ordinance:

[(A)]

Southern BBQ Secrets, presently licensed to operate at 1012 Hwy 122 West, Hahira, GA 31632

[(B)]

Keith's Farm Fresh Produce, presently licensed to operate at 408 W. Main Street, Hahira, GA 31632

collectively, "the Excepted Businesses", except that if either of the Excepted Businesses ceases operation or is closed for business for 30 consecutive days, said business shall be required to obtain an administrative permit in compliance with sections 9-21 and 11-1.1 before resuming operation and shall thenceforth subject to those permitting requirements.

11-2.

Building Permit Required. A building permit, or a sign permit in the case of a sign, issued by the Zoning Administrator is required in advance of the initiation of construction, erection, moving, demolition, or alteration of any building or structure or sign. No building or sign permit shall be issued except in conformity with the provisions of this ordinance; however, a building permit issued before the adoption of this ordinance shall remain valid with the same qualifications as issued under this ordinance.

11-3.

Application for Building Permit. All applications for building permits, except single-family residential and duplexes shall be accompanied by two site plans drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of the lot, the number of dwelling units the building is designed to accommodate (if applicable), the setback lines of the building on the "permit lot," the various easements on the lot and such other site planning information (i.e., parking spaces, loading space requirements and ingress/egress information) as may be essential for determining whether the provisions of this ordinance are being observed. The above referenced information is required on the site plan before the site plan is considered by the Zoning Administrator and any permits are approved.

Single family residential and duplex site plans need not be drawn to scale, but must be accurate as to dimensions of lot and proposed building.

Any application for a building permit which proposes to develop properties which have been duly identified as having a flood hazard potential must provide adequate technical information based on the flood hazard management requirements of the City of Hahira (please see Code chapter 46, as amended, for technical standards and requirements).

The applicant for a building permit shall submit a certificate with his application which certifies that the lot which he proposes to develop is a lot of record. When the lot in questions does not meet the lot width and lot area requirements of this ordinance, then the applicant shall certify that such lot was a lot of record prior to the adoption of this ordinance or is a lot which has been created through governmental taking of property.

Any building permit shall become void if the work involved has not begun within six months after the date of issuance of the permit or if the work or development authorized by such permit is suspended or abandoned for a period of six months after the work of development is commenced; provided that extensions of time and periods not exceeding six months each may be allowed in writing by the Zoning Administrator. Any unapproved deviation from the site plan shall cause the Zoning Administrator to not issue a certificate of occupancy.

11-4.

Sign Permits. The Zoning Administrator shall receive applications for the construction of signs, as required by this ordinance. Such applications shall follow the same forms as required for building permits, and shall contain information required by this ordinance in section 10. The Zoning Administrator shall process such sign applications and shall issue sign permits for proposed signs which comply with the requirements of this ordinance. The Hahira Zoning Administrator shall not issue a local sign permit for any signage subject to the review and approval of the Georgia Department of Transportation without documentary evidence of approval from the Georgia Department of Transportation.

11-5.

Reason for Denial of Permit. When a permit is denied, the Zoning Administrator shall provide in writing, upon request of the applicant for a permit, his reasons for denying the permit within five days after said request.

11-6.

Cancellation of Permits. A demolition, building, or sign permit shall be cancelled by the Zoning Administrator when the method of demolition, construction, or use violates any provision contained in this ordinance, or any state or local ordinance or resolution. Upon such cancellation, any further work upon the demolition, construction, alteration, or repair on said building or structure or land, shall be deemed a violation. Each and every day such unlawful demolition, construction, alteration, or repair on said building or structure, or further use of said building or structure or land continues shall be deemed a separate offense.

11-7.

Permits and Licenses Void When Issued in Conflict. Any permit or license issued in conflict with the provisions of this ordinance shall be null and void.

11-8.

Certificate of Occupancy. Certificate of occupancy shall be issued by the Zoning Administrator in accordance with the following provisions:

11-8.1.

Certificate of Occupancy Required. A certificate of occupancy issued by the Zoning Administrator is required in advance of occupancy or use of:

a.

A building hereafter erected.

b.

A building hereafter altered so as to affect height, the side, front, or rear yard.

c.

Any building or premises where a change in the type of use will occur.

11-8.2.

Issuance of Certificate of Occupancy. The Zoning Administrator shall sign and issue a certificate of occupancy if the proposed use of land or building is found to conform to the applicable provisions of this ordinance, and if the building, as finally constructed, substantially complies with the sketch or plan submitted and approved for the building permit. One copy of all certificates of occupancy issued which contain a statement of the intended use of the applicable property or other pertinent information, signed by the owner or his agent and shall be kept on file in the office of the Zoning Administrator.

11-8.3.

Denial of Certificate of Occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance, and substantially complies with the sketches or plans submitted for obtaining the building permit.

11-9.

Penalties for Violation. In case any building or structure is erected, constructed, reconstructed, demolished, altered, repaired, moved, converted or maintained, or land is used in violation of this ordinance, the offender shall be guilty and upon conviction in the City of Hahira's Recorders Court thereof be fined no more than $300.00 or imprisoned for not more than 30 days, or both, for each offense. Each day of continued violation shall be considered a separate offense.

11-10.

Remedies. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of this ordinance, the Zoning Administrator, City Attorney, or other appropriate city authority or any adjacent or neighboring property owner or occupant who would be damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.

11-11.

Appeals. Appeals from the decisions of the Zoning Administrator with regard to interpretation, administration, and enforcement shall be made to the Board of Appeals in accordance with the provisions of section 12.

(Ord. No. 2018-05-03, § V, 5-3-2018)

12-1.

Administrative Appeals. Appeals from the decisions of the Zoning Administrator with regard to interpretation, administration, and enforcement shall be made to the City of Hahira Board of Appeals. The Board of Appeals shall hear and recommend to the City Council upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator.

12-1.1.

Who May Appeal. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing authority affected by any decision of the Zoning Administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the Zoning Administrator, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

12-1.2.

Presentation of Evidence. The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the Board of Appeals.

12-1.3.

Administrative Appeal Decisions. The Board of Appeals, in conformity with the provisions of these regulations, may recommend to City Council the reversal or affirmation, wholly or partly, or modification of the order, requirement, decision, or determination of the Zoning Administrator.

12-2.

Special Exception. The City of Hahira Board of Appeals shall hear and recommend to the City Council upon Special Exceptions as authorized by section 5, Schedule of Permitted Uses of this ordinance.

12-2.1.

Special Exception Review Criteria. The application to establish such Special Exception use shall be recommended for approval on a finding by the Board of Appeals that:

a.

The proposed use will not be contrary to the purpose of this ordinance.

b.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers.

c.

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fumes generation, or type of physical activity.

d.

The proposed use will not be affected adversely by the existing uses of adjacent properties; and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

e.

The parking and all development standards set forth for each particular use for which a permit may be granted will be met.

f.

Provided that the Board of Appeals may recommend such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood; and provided, that wherever the Board of Appeals shall find, in the case of any permit granted pursuant to the provisions of this ordinance that any term, conditions or restrictions upon which such permit was granted are not being complied with, the city Board of Appeals may recommend such permit be rescinded and revoked after giving due notice to all parties concerned and granting full opportunity for a public hearing.

g.

Special Exceptions recommended by the Board of Appeals and approved by the City Council shall be exercised within 12 months from date of approval, shall not be transferable except upon written approval of the City Council, or shall become null and void and subject to procedures for resubmission as hereinabove established.

12-3.

Request for a Variance. The Board of Appeals may recommend to City Council upon appeal in specific cases such variance from the dimensional standards and development requirements of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. Provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this ordinance in the district in question. Existing nonconforming uses are still valid.

12-3.1.

Variance Review Criteria. A variance may be granted by the City Council in an individual case upon finding by the Board of Appeals that the following exists:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

b.

The application of all dimensional standards and development requirements to this particular piece of property would render the particular property unusable; and

c.

Such conditions are peculiar to the particular piece of property involved, or, in the alternative, that such conditions are due to the location of existing utilities, etc.; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance; provided that no variance may be granted for a use of land, building or structure that is prohibited by this ordinance. Applications for use variances shall not be accepted by the Zoning Administrator. Such requests shall be properly filed as requests for rezoning, the authority for such rezoning of property being solely reserved for the Hahira City Council.

e.

Provided that the Board of Appeals may recommend to the City Council such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood. Provided, that whenever the Board of Appeals shall find, in the case of any permit granted pursuant to the provisions of this ordinance that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, the City Council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity.

12-4.

Public Hearing Required. Before making its recommendation to the City Council on any administrative appeal, request for a Special Exception, or request for a variance, the Board of Appeals shall hold a public hearing thereon.

2[12]-4.1.

Notice of Hearing Shall Be Given. At least 15 but not more than 45 days, notice of such required public hearing shall be published in two consecutive issues of the official legal organ of the City of Hahira. In addition, notice of such public hearings shall be sent to the owners of all properties either adjoining or directly across the public right-of-way to the property affected. Said list of property owners shall be supplied by the applicant and is a required part of the application. Such required public hearing notice shall contain the name(s) of the appellant or petitioner, the date, time, and place set for the public hearing, and shall contain a brief statement of the nature of the hearing.

12-4.2.

Who May Appear. Any party may appear at the public hearing in person or by agent or by attorney.

12-4.3.

Time limit on Board's Recommendation. The Board of Appeals shall make a recommendation to the City Council following a public hearing within 30 days.

12-5.

Forms. Administrative appeals, requests for permission to establish a use requiring special approval, and requests for variances shall be made on forms provided therefor, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the Zoning Administrator. No form shall be accepted by the Zoning Administrator unless it contains all pertinent information and shall include a fee set by the City Council payable to the city, to defray expenses.

12-6.

Board of Appeals. A Board of Appeals may be appointed by the Mayor with a majority vote by the City Council. The Board of Appeals will consist of five members. The term of appointment will be for five years, except that the initial individual appointments shall be for terms of:

[12-6.1.]

One appointment for one year.

[12-6.2.]

One appointment for two years.

[12-6.3.]

One appointment for three years.

[12-6.4.]

One appointment for four years.

[12-6.5.]

One appointment for five years.

[12-6.6.]

If no Board of Appeals is appointed, the Mayor and City Council will serve as the Board of Appeals for the City of Hahira.

12-7.

Organization. The Board of Appeals shall elect one of its members as Chairman, who shall serve for one year, or until re-elected or a successor is elected. The Board of Appeals shall elect one of its members as Secretary.

12-8.

Procedures. The Board of Appeals shall adopt rules in accordance with the provisions of this ordinance and meetings of the Board will be called by the Chairman or by two members of the Board. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and recommendations. A copy of the minutes will be forwarded to the City Hall for filing and these minutes shall he a public record.

13-1.

General Conditions. This ordinance, including the zoning map or major thoroughfare plan, may be amended by the City Council on their own motion, on recommendation of the Planning Commission, or on petition by the property owner or his duly authorized agent, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Commission for review and recommendation. Before enacting an amendment to this ordinance, the governing authority shall give public notice and hold a public hearing thereon as set forth in this section.

13-2.

Application for Amendment.

13-2.1.

General. Applications for amendment of this ordinance may be in the form of proposals for amendment of the text or proposals for amendment of the zoning map. Applications for amendment shall be submitted to the Zoning Administrator and shall include a fee set by the city payable to the city, to defray expenses. No application for a zoning change affecting the same parcel of property or part thereof shall be accepted by the Zoning Administrator until the expiration of at least six months immediately following the defeat of a rezoning request by the City Council.

13-2.2.

Signature of Applicant Required. All applications shall be signed by the applicant, and shall state his name and address.

13-2.3.

Application for Text Amendment. In the case of a text amendment, the application shall set forth the text to be added and the existing text to be deleted.

13-2.4.

Application for Map Amendment. An application for a map amendment shall include the following information:

a.

The community or area in which is located the land proposed to be reclassified and the street number, if any, or if none, the location with respect to the nearby public roads in common use;

b.

A legal survey of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of the County; then the lot, block, and subdivision designations with appropriate plat reference;

c.

The present zoning classification and the classification proposed for such land and a statement as to the proposed use of the property;

d.

The name and address of the owners of the land;

e.

The area of the land proposed to be reclassified stated in square feet if less than one acre, and in acres if one or more.

f.

If the applicant has made, within two years immediately preceding the filing of the applicant's application for a map amendment, campaign contributions aggregating $250.00 or more or made gifts having in the aggregate a value of $250.00 or more to the City of Hahira, any member of the City Council of Hahira, Georgia, or a member of the City of Hahira Planning Commission, it shall be the duty of the applicant and the attorney representing the applicant to disclose the following in the application:

1)

The name of the local government official to whom the campaign contribution or gift was made;

2)

The dollar amount of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the map amendment and the date of each such contribution; and

3)

An enumeration and description of each gift having a value of $250.00 or more made by the applicant to the local government official during the two years immediately preceding the filing of the application for the map amendment.

4)

In the event that no such gifts or contributions were made, the application shall affirmatively so state.

g.

The application number, date of application, and action taken on all prior applications filed for the reclassification of the whole or part of the land proposed to be reclassified.

13-2.5.

Exclusions. The provisions of subsections 13-2.1 through 13-2.4 shall not be applicable to amendments of this ordinance, including the zoning map, initiated by the Planning Commission or the City Council.

13-3.

Referral to Planning Commission. Within five days after the routine monthly application acceptance deadline, the Zoning Administrator shall transmit two copies of the rezoning application to the Planning Commission for its review and recommendation. The Planning Commission shall have 30 days within which to submit its report to the City Council. If the Planning Commission fails to take action within 30 days, it shall be deemed to have recommended approval of the requested amendment. The passage of a motion to table or a postponement to a specific time shall constitute a decision for the purpose of this section. Upon receipt of the Planning Commission report or upon the expiration of said 30-day period, whichever occurs first, a public hearing shall be scheduled regarding the application.

13-4.

Posting of Property. Not less than 15 nor more than 45 days prior to the date set for the public hearing on any application for a map amendment (other than a map amendment initiated by the Planning Commission or City Council), the Zoning Administrator shall erect a sign on the land proposed to be reclassified. Such sign shall be erected by the Zoning Administrator within ten feet of whatever boundary line of such land abuts the most traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The sign shall show the application number, if any, the present zoning classification, the proposed zoning classification, and the scheduled date, time and place of public hearing. If the land sought to be reclassified lies within more than one block as shown on a plat recorded in the land records of the County, then a sign shall be erected on the land in each such block. The Zoning Administrator shall verify the posting of a sign upon said property in accordance with these provisions. Any such sign shall be maintained on the property at all times by the Zoning Administrator until a decision on the application has been made by the City Council.

13-5.

Hearing Procedures.

13-5.1.

Hearing Called. Before taking action on a proposed amendment, the Mayor and Council shall hold a public hearing. At least 15 but not more than 45 days notice of the time, place, and purpose of said hearing shall be published in two consecutive issues of the official legal organ of the City of Hahira. Such notice with respect to text or map amendments not initiated by the Planning Commission or City Council shall state the application number, and shall contain a summary of the proposed amendment, if a text amendment, and in the case of a map amendment, the legal description (as furnished in compliance with subparagraph 13-2-4.b, above, and location of the property, its area, the name of the owner or their authorized agent, and the present and proposed zoning classification for the property affected. Such notice, with respect to text or map amendments initiated by the Planning Commission or City Council, shall state the time and place of the hearing, the purpose of the hearing, and that the proposed text or map amendment is described in documents available for public inspection during business hours in the office of the Zoning Administrator.

13-5.2.

Notice to Interested Parties. A notice shall be given to the applicant and the Planning Commission of the date, time and place of the public hearing. All application files shall be placed in the custody of the Zoning Administrator and be open to public inspection during regular office hours.

13-5.3.

Public Hearing Procedure. All public hearings on zoning matters shall be placed on the City Council agenda under a section entitled "Public Hearings." After an initial presentation of a specific zoning and/or annexation/zoning request by the Planning Commission or their designated staff, citizen comments will be heard in an orderly fashion. The Mayor or Mayor Pro Tem will ask for those citizens speaking in favor of the request first, followed by those opposed to the issue. All speakers will be asked to provide his or her name and address for the public record. Citizens are requested to keep their comments as brief as possible so that all who wish to be heard will have adequate time. When there are a large number of citizens wishing to testify at a given hearing, the presiding officer may invoke time limitations on individual speakers. In such cases, these time limits shall apply to all speakers. Citizens may address their comments to the City Council as a whole. Individual attacks or cross examination of a Council Member, city employees or other citizens will be ruled out of order. After all citizens' comments have been received, all further discussion of the specific application is reserved for the City Council. The City Council retains the privilege to ask any questions of staff or any citizen present for clarification. The City Council will then render a decision on the application. The passage of a motion to table or a postponement to a specific time shall constitute a decision for the purpose of this section.

13-5.4.

Standards for Exercise of Zoning Powers. In order to promote the public health, safety, and general welfare of the City of Hahira against the unrestricted use of property, the following standards, and any other factors relevant to balancing the above stated public interest will be considered, when deemed appropriate, by the City Council in making any zoning decision:

a.

The existing land use pattern;

b.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

c.

The existing population density pattern and the possible increase or overtaxing of the load on public facilities;

d.

Whether changed or changing conditions make the passage of the proposed amendment reasonable;

e.

Whether the proposed change will adversely influence existing conditions in the neighborhood or the community at large;

f.

Potential impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity;

g.

The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes;

h.

Whether the proposed change will be detrimental to the value or improvement of development of adjacent or nearby property in accordance with existing requirements;

i.

Whether the proposed change is out of scale with the needs of the neighborhood or the City of Hahira;

j.

Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and

k.

The extent to which the zoning decision is consistent with local planning efforts, if any, of the City of Hahira.

14-1.

Conflict With Other Laws. All previous zoning ordinances of the City of Hahira, Georgia, are hereby repealed. All ordinances or parts of ordinances not specifically in conflict herewith are hereby continued in force and effect, but all such ordinances or parts of ordinances in conflict herewith are hereby repealed. Whenever other ordinances or parts of ordinances require greater restrictions than those required by this ordinance, such more restrictive ordinances or parts of ordinances shall govern. Whenever other ordinances or parts of ordinances require lesser restrictions, the requirements herewithin shall govern.

14-2.

Separability. If any section, clause, portion or provision of this ordinance is found invalid or unconstitutional, such invalidity or unconstitutionality shall not affect any other portion of this ordinance.

14-3.

Effective Date. This ordinance shall take effect and be enforced from and after its adoption and passage by the City Council.

July 13, 1989

Date of Adoption

___________

Mayor, City of Hahira

___________

City Clerk, Hahira, Georgia (SEAL)