Pursuant to the authority conferred by O.C.G.A. § 36-67, "The Zoning Procedures Law" this Zoning Ordinance is enacted for the following purposes.

A.

Promote the health, safety, aesthetics, convenience, order, growth, prosperity and general welfare of the present and future inhabitants of the City of Hampton, Georgia ("city").

B.

Improve the City's appearance.

C.

Further traffic safety through proper transportation management.

D.

Improve the general safety of pedestrians.

E.

Conserve the environmental and natural elements of the City.

F.

Promote the safety of citizens and business owners from improper growth and development.

G.

Secure safety from fire, panic, natural and manmade disasters, and other dangers by providing for adequate light and air rights, water and sewer infrastructure, police and fire security, and disaster management policies and programs.

H.

Prevent the inappropriate crowding of land.

I.

Avoid both unmanaged concentrations of population and unmanaged growth or the effects of sprawl.

J.

Support the provision of schools, parks, and other public facilities necessary to promote community unity, as well as the health and education of the City's citizens.

K.

Endorse a strong and vibrant economy for both the general welfare of the City's citizens as well as the operating needs of the City.

L.

Protect property rights and values against blight and depreciation.

M.

Encourage the most appropriate use of lands, buildings, and other facilities.

This Zoning Ordinance is further enacted for all other purposes as may be deemed necessary and appropriate to ensure the health, safety, welfare and economic stability of the City and its citizens. This Zoning Ordinance shall coordinate its policies and regulations, as well as future codes, standards, and guidelines with the City of Hampton Comprehensive Plan.

For the above stated and other appropriate purposes, the City Council of the City of Hampton, Georgia hereby ordains and enacts into law the following articles and sections of the Zoning Ordinance of the City of Hampton.

All other Zoning Ordinances are hereby repealed, provided that nothing herein shall be construed as repealing or modifying the conditions of operation or conditions of site development accompanying those zoning approvals, variances, conditional use permits, or condition/compliance requirements issued under previous Zoning Ordinances; however, modification or repeal of these past conditions of approval may be accomplished through use of the procedures set forth in this Zoning Ordinance.

(Ord. No. 457, § 1, 8-14-18)

This Appendix shall be known and cited as the "Zoning Ordinance of the City of Hampton, Georgia" ("Zoning Ordinance").

These regulations shall govern the use of all land and the development thereof within the present and future incorporated limits of the City of Hampton, Georgia.

The purpose of these regulations shall be to promote the proper location, height, bulk, number of stories, size, and use of residential and nonresidential buildings and other structures; protect against floods; and control the size and use of yards and all vacant and occupied parcels of land subject to trade or the use of industry, residence, recreation, agriculture, forestry, conservation, sanitation, public activities, and other potential and marketable purposes and uses in accordance with the City of Hampton Comprehensive Plan. In all rezoning of properties, the proposed zoning district and use shall be consistent with the Comprehensive Plan.

No building, structure, land, or open space shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations specified for the district in which it is located.

(Ord. No. 457, § 1, 8-14-18)

In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, aesthetics, or general welfare.

This Zoning Ordinance does not nullify any private agreement or covenant. However, when this Zoning Ordinance is more restrictive than a private agreement or covenant, this Zoning Ordinance controls. The City will not enforce any private agreement or covenant.

If any condition or requirement imposed by this Zoning Ordinance is more restrictive than a condition or requirement imposed by any other law, rule, or regulation of any kind, the more restrictive condition or requirement governs.

If any condition or requirement imposed by this Zoning Ordinance contains an actual, implied, or apparent conflict, the more restrictive condition or requirement controls, except when specifically stated otherwise.

Whenever a provision of this Zoning Ordinance refers to any other part of the Hampton City Code or to any other law, the reference applies to any subsequent amendment of that law.

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

Illustrations, photos, and graphics are included in this Zoning Ordinance to illustrate the intent and requirements of the text. In the case of a conflict between the text of these regulations and any illustrations, photos, or graphics, the text governs.

Any person who violates or fails to comply with the requirements of this Zoning Ordinance may be punished with a fine of not more than $1,000.00, confinement in the Henry County jail for a term not to exceed 60 days, or both. Each day the violation continues shall be considered a separate offense.

A complete schedule of fees for rezoning applications, appeals, variances, conditional use permits, building permits, certificates of occupancy, sign permits, and final inspection permits shall be maintained in the office of the Community Development Department. The City Council may from time to time alter these fee structures.

(Ord. No. 457, § 1, 8-14-18)

The boundaries of zoning districts are shown and established on the Official Zoning Map.

The Official Zoning Map may be kept electronically in a Geographic Information System. Any copy of the Official Zoning Map published on the internet or otherwise portrayed electronically does not constitute the original Official Zoning Map.

The Community Development Department may make paper copies of the Official Zoning Map available.

If, in accordance with the provisions of this Zoning Ordinance, changes are made in zoning district boundaries and/or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map within seven days after the amendment has been approved by City Council. Such changes, including a full list of conditions adopted, shall be recorded in the minutes of the City Council meeting in which the changes are adopted, as follows: "This is to certify that by official action of the City Council, this is the Official Zoning Map of the City of Hampton, Georgia, as adopted (date) and as referred to in the Zoning Ordinance of the City."

The Official Zoning Map shall be properly attested and on file with the Hampton City Clerk. A current and accurate copy of the Official Zoning Map shall be available for public inspection at the Community Development department. No changes or alterations of any nature shall be made to the Official Zoning Map except in conformity with the procedures set forth in this Zoning Ordinance.

The City Council, at any time or when deemed necessary or appropriate, may adopt a new zoning map, which shall supersede the prior Official Zoning Map. A final zoning action by City Council shall be deemed an update to the Official Zoning Map.

All properties annexed into the City of Hampton shall be rezoned from the zoning district of the prior jurisdiction to a city zoning district by the City Council following procedures established under O.C.G.A. § 36-66-4(d).

Where uncertainty exists with respect to the location of the boundaries of any zoning district within the City limits, district boundaries shall be indicated as following property lines and shall not include railroad lines, centerlines of public streets, highways, public street lines or right-of-way/utility lines, unless such railroad lines, centerlines of public streets, highways, public street lines, or right-of-way/utility lines are part of or within an officially designated zoning district/boundary.

(Ord. No. 457, § 1, 8-14-18)

The City of Hampton, Georgia is hereby divided into the following zoning districts, as shown on the Official Zoning Map.

(Ord. No. 457, § 1, 8-14-18)

Editor's note— Ord. No. 483, § 1, adopted Oct. 8, 2019, repealed § 1-6, which pertained to Legacy Districts and derived from Ord. No. 457, § 1, adopted Aug. 14, 2018.

A.

It is the intent of this Zoning Ordinance to permit nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Ordinance that nonconforming structures shall not be enlarged or expanded without being first brought into compliance with all relevant code requirements so that the structure is no longer nonconforming.

B.

When a nonconforming use, structure, or land and structure in combination, is discontinued or abandoned for six consecutive months (except when government action impedes access to the premises), the use, structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

C.

Nonconforming uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the district involved. A legal nonconforming use of land, or a legal nonconforming use of structure and land in combination, shall not be enlarged beyond the square footage or area in use for the legal nonconformity at the time of adoption of this Zoning Ordinance. A nonconforming use may not be expanded within the confines of the existing structure.

D.

Nothing in this Zoning Ordinance shall require any change in:

1.

The construction or intended use of a building which is legally under construction or for which a building permit has been issued prior to the effective date of this Zoning Ordinance, the construction of which shall be vested under the applicable codes in force as of the date of permit approval.

2.

Development or proposed use of properties which are legally under development or for which a development plan or preliminary plat has been approved as of the effective date of this Zoning Ordinance, the development of which shall be commenced within one year from the date of the approval of the development plan or preliminary plat.

E.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single lot of record in existence as of September 10, 2002, notwithstanding limitations imposed by other provisions of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district, provided that required setbacks shall conform to the regulations for the district in which such lot is located.

F.

When two or more adjoining and vacant lots within a non-approved development with continuous frontage on the same public street are in a single ownership at the time of application and such lots have a frontage or lot area less than is required by the district in which they are located, such lots shall be combined and re-platted so as to create one or more lots which conform to the minimum frontage and area requirements of said district.

G.

Except as otherwise provided herein, no lot existing at the time of passage of this Zoning 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 Zoning Ordinance for the district in which it is located unless said reduction or division is necessary to provide land which is needed and accepted for public use.

(Ord. No. 457, § 1, 8-14-18)

A.

Any structure or portion thereof may be altered to decrease its degree of a nonconformity. Notwithstanding any otherwise conflicting provisions contained in this section, any single-family residential structure that is nonconforming, when at least one factor resulting in the nonconforming status of the structure is that its area is less than the minimum established by this Zoning Ordinance, may be enlarged to decrease the degree of this nonconformity, so long as said enlargement results in no new violation, or increase in the character of an existing violation, of any provision of the City Code, including this Zoning Ordinance.

B.

Should any single-family dwelling or duplex dwelling be destroyed or damaged by fire, explosion, flood, or any act of God or public enemy, it may be restored to the same dimensions, floor area, cubic volume, exterior design, and location lawfully existing immediately prior to such damage or destruction, provided such restoration is commenced within 1 year of such damage or destruction. If restoration is commenced after this time frame, it must conform with the requirements of this Appendix.

C.

Except as provided for in subsection (B) above, should any nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance. Structures incurring damage of less than 50 percent of fair market value above the foundation may be restored and used as before, provided that such restoration is commenced within six calendar months from the date damages were incurred. If reconstruction is not commenced within six months, the use of said land or structure shall thereafter conform with the provisions of this Zoning Ordinance.

D.

Should any structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 457, § 1, 8-14-18)

In the event that a property is a landlocked lot, with no frontage on any public right-of-way, the property owner shall be entitled to construct one principal building, provided that:

A.

No other principal building exists or has been issued a valid building permit on said property;

B.

The property owner shall acquire a 30-foot easement to a public street, and said easement shall be duly recorded and made a part of the property deed; and

C.

In the event that said property is divided, no additional principal buildings may be constructed.

(Ord. No. 457, § 1, 8-14-18)

A.

All buildings or structures must be built on a lot that has at least 25 feet of frontage upon a public street, a private street built to public standards, or a landscaped courtyard for a cottage court, except when lesser frontage is allowed by district regulations.

B.

The minimum lot sizes established by district regulations are not intended to apply to lots exclusively used for open space, recreational amenities, or private streets or alleys. No lot used for these purposes shall be considered a lot of record.

(Ord. No. 457, § 1, 8-14-18)

There are found to be certain uses of land, buildings, and structures which have adverse effect on the carrying out of the Comprehensive Plan, and which can be discontinued after a reasonable time irrespective of aforementioned rules as to nonconforming uses. The following uses shall be removed or made conforming within the specified amortization period. Said amortization period shall commence upon the effective date of this Zoning Ordinance:

A.

Fences, walls and foliage which constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming within 90 days.

B.

All provisions in business or industrial districts of this Zoning Ordinance setting forth specifications for the operation of a business or industry requiring fencing or opaque shielding shall be complied with within two calendar years.

C.

Nonconforming open storage operations, such as truck parking, automobile wrecking or salvage material storage, and similar uses shall be made conforming in meeting buffer and land area requirements within two calendar years.

(Ord. No. 457, § 1, 8-14-18)