This ordinance regulates the use of land, the location and use of buildings and other site improvements, and the construction of public facilities and private improvements related to the development of land. This ordinance shall be known as and may be cited as "The Unified Land Development Regulations."

(Ord. of 5-10-96)

This ordinance is adopted under authority of Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia, and pursuant to the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.) and other applicable laws enacted by the General Assembly.

(Ord. of 5-10-96)

All conflicting ordinances or parts of ordinances are hereby repealed to the extent of their conflict. Where this ordinance and another overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. of 5-10-96)

If any section, subsection, sentence, clause, phrase or portion of this ordinance or any amendment thereto is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(Ord. of 5-10-96)

This ordinance shall take effect upon its adoption by the Board of Commissioners.

(Ord. of 5-10-96)

(a)

The purpose of these regulations is to promote the public health, safety, and general welfare; to promote the orderly and beneficial development and expansion of communities within the county; to provide adequate light and air; to provide adequate water, sewerage, and surface drainage; to prevent undesirable overcrowding of population; to secure safety from fire, panic and other dangers; to promote the orderly and desirable subdivision of land; to insure the orderly and desirable development of streets; to promote the orderly and desirable development of public utilities and services; to provide adequate and sufficient land for schools, parks, playgrounds, and other public uses; and to insure proper legal description and monumentation of all subdivided land.

(b)

In the interpretation and application of this ordinance all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and,

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(c)

This ordinance is not intended to repeal, abrogate, or impair any valid easement, covenant, or deed restriction duly recorded with the Clerk of the Superior Court.

(Ord. of 5-10-96)

(a)

Use of Land or Structures.

(1)

No structure or land shall hereafter be used, located, extended, converted or structurally altered except in full compliance with the provisions of this ordinance.

(2)

No part of a yard, buffer, or off-street parking spaces required in connection with any use or structure for the purpose of complying with this ordinance shall be included as part of a yard, buffer, or off-street parking space required for any other use or structure.

(3)

Street rights-of-way shall not be considered a part of a lot or front yard setback for the purpose of meeting the minimum requirements of this ordinance.

(b)

Acceptance of Public Streets. The Board of Commissioners shall not accept a public street unless such street substantially corresponds in its location and lines with a street shown on a preliminary subdivision plat approved by the Planning Commission.

(c)

Recordation and Transfer of Property.

(1)

The Clerk of [the] Superior Court shall not file or record a plat that would result in the division of a property into two (2) or more lots that does not have the approval of the Board of Commissioners as required by this ordinance.

(2)

Any deed or other instrument of conveyance, including a security deed, bond for title, or any other document purporting to convey, then or in the future, title to real estate, filed for record with the Clerk of the Superior Court, wherein the property to be conveyed is described in some manner other than by reference to a recorded plat, shall be accompanied by a certificate signed by the party filing such deed or other instrument, which certificate shall be in the following form:

I, _______, do hereby certify that the instrument herewith filed for record in the Office of the Clerk of the Superior Court of Pulaski County, Georgia, does not involve the subdivision of property and does not subdivide a larger tract of land.

This _______ day of _______, 19_______.

_______ (Signature)

(3)

No person, firm or corporation shall transfer, sell, or agree to sell any land to be subdivided by reference to, or exhibition of, or by other use of a plat of the subdivision of such land before such plat has been approved by the Board of Commissioners and recorded with the Clerk of the Superior Court; provided further, that the description of metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring such land shall not exempt the transaction from the requirements of this section.

(d)

Street Frontage Required. No building permit shall be issued for and no building or other structure shall be erected on any lot within the city unless the street giving access to such lot upon which said building is proposed to be placed shall be accepted and opened as, or shall otherwise receive the legal status of, a public street prior to that time.

(e)

One Principal House on a Lot. With respect to single-family detached dwellings, only one principal building and its customary accessory buildings may be erected on any one lot.

(f)

Lot Reduction Prohibited. No yard or lot existing prior to the effective date of this ordinance or any subsequent amendment thereto shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(Ord. of 5-10-96)

(a)

Previously Issued Permits. The provisions of this ordinance and any subsequent amendments shall not affect the validity of any lawfully issued and effective building or development permit if:

(1)

The development activity or building construction authorized by the permit has been commenced prior to the effective date of this ordinance or the amendment, or will be commenced after such effective date but within six (6) months of issuance of the permit; and

(2)

The development activity or building construction continues without interruption (except because of war or natural disaster) until the development or construction is complete. If the permit expires, any further development or construction on that site shall occur only in conformance with the requirements of this ordinance in effect on the date of the permit expiration.

(b)

Governmental Bodies. The City of Hawkinsville and all governmental bodies and authorities exempt from regulation under the police power of the City of Hawkinsville are exempt from the regulations contained in this ordinance.

(Ord. of 5-10-96)

Lawful nonconforming uses, structures, lots, and signs are declared by this ordinance to be incompatible with land uses, structures, lots, and signs that conform to the requirements of the zoning districts in which the nonconformity exists.

(a)

Nonconforming Uses.

(1)

To avoid undue hardship, the lawful but nonconforming use of any structure or land at the time of the enactment of this ordinance or any amendment thereto may be continued even though such use does not conform to the provisions of this ordinance, except that the nonconforming use:

a.

Shall not be changed to another nonconforming use.

b.

Shall not be re-established after discontinuance for sixty (60) days or more.

c.

Shall not be repaired, rebuilt or altered after damage exceeding fifty (50) percent of its replacement cost at the time of destruction.

d.

Shall not be enlarged or altered in a way that increases its nonconformity.

(2)

Nothing herein shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or part thereof declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official.

(b)

Nonconforming Structures. A nonconforming structure may continue to be occupied and used, except that the nonconforming structure:

(1)

Shall not be repaired, rebuilt or altered after damage exceeding fifty (50) percent of its replacement cost at the time of destruction.

(2)

Shall not be enlarged or altered in a way that increases its nonconformity.

(c)

Nonconforming Lots.

(1)

Where the owner of a lot at the time of the adoption of this ordinance does not own sufficient land to conform to the minimum lot size or lot width requirement of this ordinance, such lot may nonetheless be used as a building site provided that access to a public street is provided directly or through a recorded easement, and further provided that the minimum building setbacks are not reduced below the minimum specified in this article by more than twenty (20) percent, upon the administrative approval of the Building Inspector.

(2)

A building setback reduction of more than twenty (20) percent may be requested as a Special Exception under the provisions of article 6, division 10 of this ordinance regarding Appeals.

(d)

Nonconforming Signs.

(1)

Permanent Signs. A nonconforming sign that is permanently affixed to the ground or to a building may continue to be used, except that the nonconforming sign:

a.

Shall not be repaired, rebuilt or altered after damage exceeding fifty (50) percent of its replacement cost at the time of destruction.

b.

Shall not be enlarged or altered in a way that increases its nonconformity.

(2)

Temporary Signs. Any sign that is temporary in nature and not permanently affixed to the ground or to a building, such as a streamer, or pennant, shall be removed within sixty (60) days of becoming a nonconforming sign.

(3)

Conforming and Nonconforming Sign Prohibited for Same Establishment on the Same Lot. No sign or advertising device shall be erected for the same establishment on the same lot with an existing nonconforming sign until the nonconforming sign has been removed or made to conform to the provisions of this ordinance.

(Ord. of 5-10-96)

(a)

The Building Inspector shall be responsible for the interpretation of the requirements, standards, definitions, or any other provision of this ordinance.

(b)

Interpretations of the Building Inspector may be appealed to the Board of Commissioners under the provisions of article 6, division 10 relating to Appeals.

(Ord. of 5-10-96)

Figures associated with defined terms or regulatory paragraphs in this ordinance are provided for illustration only and do not limit or change the meaning of the term as defined or the requirements of the regulation as written.

(Ord. of 5-10-96)

For the purpose of this ordinance, the following shall apply to the use of words and phrases:

(a)

Words used in the present tense include the future tense. Words used in the singular tense include the plural tense, and words used in the plural tense include the singular tense. The masculine person "he" or "his" also means "her" or "hers."

(b)

References to the "City" and to Board of Commissioners and any public officials or commissions not otherwise named by political jurisdiction or defined in this ordinance shall always mean the City of Hawkinsville, Georgia, and its governing body, appointed or employed officials, and commissions as named.

(c)

The word "shall" is always mandatory and not discretionary, while the word "may" is permissive.

(d)

The word "and" indicates that all of the conditions, requirements, or factors so connected must be met or fulfilled, whereas the word "or" indicates that at least one condition, requirement, or factor so connected must be met.

(e)

The term "such as" is intended to introduce one or more examples in illustration of a requirement or point, and is used herein to mean "including but not limited to the following."

(f)

The verbs "zone" and "rezone" have the same meaning and refer to the act of amending the Official Zoning Map through the process established by this ordinance.

(g)

The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts established under this ordinance.

(h)

The word "day" shall mean a calendar day.

(i)

All words and phrases shall be interpreted within the context of the sentence, section and article in which they occur.

(Ord. of 5-10-96)

(a)

Words and phrases defined in this ordinance shall be interpreted as defined without regard to other meanings in common or ordinary use, unless the context of the word or phrase indicates otherwise. Words and phrase not defined in this ordinance shall be construed to have the meaning given by common and ordinary use as defined by a contemporary dictionary.

(b)

Definitions are clearly identified as such and are located throughout this ordinance in the sections to which they most readily refer. All definitions, regardless of location within this ordinance, apply equally to the use of such terms throughout the ordinance. A glossary of all defined terms is appended to the end of this ordinance.

(c)

The following definitions apply to this article and throughout this ordinance:

Building Inspector: The Hawkinsville building official as designated by the Board of Commissioners, or his designee.

Clerk of the Superior Court: The Clerk of the Superior Court of Pulaski County, Georgia.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this State, any interstate body or any other legal entity.

Lot of record: A lot that exists as shown or described in whole on a plat or deed recorded in the office of the Clerk to the Superior Court.

Nonconforming lot: A lot of record whose area, frontage, width, or other dimensions, or location were lawful prior to the adoption, revision, or amendment of this ordinance, and which, by reason of such adoption, revision, or amendment, no longer meets or exceeds one or more such requirements of the applicable zoning district.

Nonconforming sign: Any sign that was lawfully erected and maintained prior to the adoption, revision, or amendment of this ordinance, and which by reason of such adoption, revision, or amendment fails to conform to all applicable regulations and restrictions of this ordinance.

Nonconforming structure: A structure or building whose size, dimensions, or location on a property were lawful prior to the adoption, revision, or amendment of this ordinance, but which, by reason of such adoption, revision, or amendment, no longer meets or conforms to one or more such requirements of this ordinance.

Nonconforming use: A use or activity that was lawfully established prior to the adoption, revision, or amendment of this ordinance, but which, by reason of such adoption, revision, or amendment, is no longer a use or activity permitted by right or no longer meets or conforms to the requirements of this ordinance.

(Ord. of 5-10-96)