1.1.1. Authority

This ordinance is enacted pursuant to the authority granted by Article IX, Section II, Paragraphs I and IV of the Constitution of the State of Georgia and by O.C.G.A. § 36-67, The Zoning Procedures Law.

1.1.2. Title

This document is "The Unified Development Code of Hall County, Georgia" and is referred to or cited throughout the document as "this Unified Development Code" or "this UDC."

1.1.3. Purpose

The Board of Commissioners for Hall County, Georgia, as authorized by Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia, does hereby create a planning commission known as the Hall County Planning Commission, and does hereby adopt zoning regulations for the following purposes:

1.

To promote the health, safety and general welfare of the present and future inhabitants of Hall County;

2.

To define certain words used herein;

3.

To create zone boundaries;

4.

To regulate the locations of trades, professions, businesses, industries, apartment houses, and residences;

5.

To define the area of lots;

6.

To fix the location and size of yards and the alignment of buildings;

7.

To establish setback lines;

8.

To provide for nonconforming uses;

9.

To provide for the administration and enforcement thereof together with penalties for the violation of its provisions;

10.

To adopt a map or maps of any section or sections thereof for zoning purposes of the unincorporated areas of Hall County;

11.

To authorize special exceptions and conditional uses; and

12.

To provide for court review.

1.1.4. Effective Date

This Unified Development Code will take effect and be in force as of November 15, 2024.

1.1.5. Conflicting Ordinances Repealed

The provisions of any ordinance or regulations, or parts thereof, in conflict with this UDC are hereby repealed.

1.1.6. Conflict with Other Laws

Should any requirement or design standard conflict in any manner with any other law, rule or regulation of any local, state or federal governmental body or administrative agency, then the stricter law, rule or regulation shall be applied. It is not intended by this UDC to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that, where this UDC imposes a greater restriction upon the use of property or premises or upon the height of buildings, or requires greater space than is imposed or required by other resolutions, rules or regulations or by easements, covenants or agreements, the provisions of this UDC shall govern.

1.1.7. Severability

If any section, subsection, paragraph, sentence, clause, or provision of this UDC is judged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate or nullify the remainder of this UDC. The effect of the judgment is confined to the section, subsection, paragraph, sentence, clause, or provision immediately involved in the controversy in which judgment was rendered.

1.2.1. General

No building or land may be used or occupied unless in conformity with the regulations specified for the district in which it is located and without first obtaining an occupancy permit, except as provided for signs in Sec. 8.6.4. No building, structure or part thereof may be constructed, erected, enlarged, altered, repaired, changed, converted, moved or demolished without first obtaining a building permit and other permits as may be required by law, except as provided. In the enforcement of the provisions of this UDC, the Building Official may withhold building or occupancy permits until all provisions of this Unified Development Code are complied with or their decision is appealed to and reversed by the Planning Commission.

1.2.2. Adoption of Official Zoning Map

The map maintained in electronic format by the Hall County Geographic Information System is adopted as the Official Zoning Map of Hall County, Georgia, and incorporated and made part of this UDC.

1.

Copies of the map may be printed and made available to the general public for a reasonable fee.

2.

The Official Zoning Map of Hall County, Georgia, will be in the custody of and on file in the Department of Planning and Zoning of Hall County, Georgia for public inspection and review.

3.

The boundaries of districts are established as shown on the Official Zoning Map of Hall County, Georgia, as amended.

4.

If, in accordance with the provisions of this UDC, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes must be entered promptly after the Hall County Board of Commissioners has approved the amendment.

5.

Such changes will be the responsibility of the Hall County Department of Planning and Zoning and must be made under the supervision of the Hall County Director of Planning and Zoning or their designee.

6.

In the event that an official zoning map of Hall County becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions thereon, the Hall County Board of Commissioners may by resolution adopt one or more new official zoning maps which supersede the prior official zoning map. The new official zoning map or maps may correct drafting or other errors or omissions in the prior official zoning map or maps, but no such correction will have the effect of amending the original official zoning map or maps, and said map or maps must be identified by the signature of the Hall County Director of Planning and Zoning who must certify that the official zoning map or maps supersedes and replaces the previous official zoning map adopted as a part of the resolution of Hall County, Georgia. Unless the previous official zoning map or maps has been lost or destroyed, the prior map or maps or any significant remaining parts thereof must be preserved, together with all available records pertaining to its adoption or amendment.

1.2.3. Interpretation of District Boundaries

Where uncertainty exists with respect to the district boundaries as shown on the zoning map, the following rules apply:

1.

Where district boundaries are indicated as approximately following the center lines of streets or highways or railroad right-of-way lines or such lines extended, such center lines or railroad right-of-way lines or such lines extended will be construed to be such boundaries.

2.

Where district boundaries are indicated as approximately following the county line or the corporate limit line of any incorporated place, such county line or corporate limit line will be construed to be such boundaries.

3.

Where district boundaries are indicated as approximately parallel to the center lines of streets or highways, such district boundaries unless otherwise specifically indicated will be construed as being parallel to and at a distance of 300, 500 or 1,000 feet from the center line of such streets and highways, each above district boundary being shown at scale on the official zoning map of the county.

4.

Where district boundaries are indicated as approximately following the center line of stream beds or riverbeds, such center lines or such lines extended will be construed to be such boundaries.

5.

Where district boundaries are indicated as approximately parallel to the shoreline of the Buford Dam Reservoir, such district boundaries will be construed as being parallel to and at a distance of 500 feet from the nearest point of the 1070 contour line unless otherwise indicated.

6.

District boundary lines are intended to follow property lines. Where a district boundary line as appearing on the zoning map divides a lot in single ownership at the time of the enactment of these regulations, the requirements for the district in which the greater portion of the lot lies will be extended to the balance of the lot, provided that such extension will not include any part of such lot more than 35 feet beyond the district boundary line, and provided further that this provision does not apply to a through lot.

7.

In the case of a through lot, the restrictions of the district applying to the adjoining lots which front on the same street as the proposed use of the lot apply.

1.3.1. Establishment of Districts

For the purpose of these regulations, the area of jurisdiction within the county is divided into districts designated on Table 1.1 and as established on the Official Zoning Map.

Table 1.1. Zoning Districts

Table Notes:
* No additional land may be zoned into these districts.

1.3.2. Transition from Previous Districts

Upon adoption of this Unified Development Code, land which is presently zoned with an existing zoning classification and has changed names as set forth in Table 1.1 will be reclassified to the applicable new zoning classification. The boundaries for renamed districts and the conditions of each zoning district will remain the same unless amended in the future in accordance with Sec. 11.2.

1.3.3. Prior Approvals

A.

The adoption of this UDC and its Official Zoning Map will not repeal the conditions of use, operation, or site development accompanying zoning approval(s) or special uses, variances, or permits issued under previous ordinances or resolutions.

B.

The adoption of this UDC and its Official Zoning Map will not repeal any special use permits, conditional use permits, variances, exceptions, modifications, or waivers previously granted by the Director of Planning and Zoning, Planning Commission, or Board of Commissioners.