Subchapter 102-B of this Unified Development Ordinance (UDO) is enacted for the purposes established in section 102-A-1-2. Together with subchapter 102-A, referenced words and terms in subchapter 102-D, and the official zoning map, it constitutes and may be referred to as the "Zoning Ordinance of the City of Hogansville".

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

Subchapter 102-B of the UDO is enacted pursuant to the authority conferred by article 9, section II, paragraph IV of the Constitution of the State of Georgia, the Charter of the city, the Zoning Procedures Act, and other federal, state and local laws. The regulations of subchapter 102-B shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Official zoning map.

(a)

The city is hereby divided into zoning districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by this reference and declared a part of this zoning ordinance.

(b)

The official zoning map shall be adopted by the city council, attested by the city clerk, and bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in and a part of the Hogansville Zoning Ordinance" together with the date of adoption of the UDO. The official zoning map, together with all notations, references, data and other information shown on the map, is adopted and incorporated into this zoning ordinance.

(c)

The location and boundaries of the zoning districts established by the official zoning map are depicted on and maintained as part of the city's geographic information system (GIS), under the direction of the city manager. The latest adopted version of the official zoning map shall be available for inspection in the offices of the city community development department during regular business hours of the city.

(d)

Maintenance and updates. The zoning administrator is responsible for directing revisions to the official zoning map to reflect its amendment following the effective date of all zoning map amendments. No unauthorized person may alter or modify the official zoning map. No zoning designation appearing on the official zoning map which is not supported and established by legislative action adopted in the manner required by state law and the procedures and requirements of the zoning ordinance shall be considered to have been properly established. The zoning administrator may authorize digital and printed copies of the official zoning map to be produced and must maintain digital or printed copies of superseded versions of the official zoning map for historical reference.

(2)

Replacement of official zoning map.

(a)

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may, by ordinance adopted pursuant to the procedural requirements of state law and this zoning ordinance, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on ________, 2023 as part of the Hogansville Zoning Ordinance." The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending any property's zoning classification or status unless the action adopting said map is an amending action following all requirements of state law and this zoning ordinance.

(b)

Unless the previous official zoning map has been lost, or has been destroyed, the previous map or any significant remaining parts thereof, shall be preserved, together with all available records pertaining to its adoption or amendment.

(3)

Annexation. Any land annexed by the city shall be annexed in accordance with the procedures adopted by state law and City Code. Such land shall be classified into a zoning category compatible with adjacent zoning and land uses, and sound planning principles, in accordance with the rezoning procedures in this zoning ordinance as well as all applicable state law.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

For the purposes of this zoning ordinance, the city is divided into zoning districts designated as follows:

ES-R, estate single-family residential district.

SU-R, suburban single-family residential district.

TN-R, traditional neighborhood low-density single-family and two-family residential district.

TN-MX, traditional neighborhood mixed use district.

CR-MR, corridor medium-density residential district.

CR-MX, corridor mixed use district.

DT-MX, downtown mixed use district.

G-RL, general rural district.

G-B, general business district.

G-I, general industrial district.

PUD, planned unit development zoning district overlay.

Historic district special zoning district overlay.

Downtown business special zoning district overlay.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

The zoning administrator is the final authority in determining the current zoning status of land, buildings and structures in the city.

(2)

Where uncertainty exists with respect to the location of any zoning district boundaries as shown on the official zoning map the following rules apply:

(a)

Where possible, the rezoning file shall be used for delineating zoning boundaries. Such records shall have precedence over information otherwise contained on a map.

(b)

Where a zoning district boundary line is shown as approximately following a corporate limits line, a land lot line, a lot line or the centerline of a street, a county road, a state highway, an interstate highway, or a railroad right-of-way or such lines extended, then such lines shall be construed to be the zoning district boundary lines.

(c)

Where a zoning district boundary line divides a lot, each portion shall be governed by the zoning district that each portion is classified.

(d)

Where areas appear to be unclassified on the zoning map, and classification cannot be established by the above rules and there is no other evidence of its existing or past classification, such areas shall be classified ES-R until action is taken by the city council to amend the zoning map.

(3)

Where uncertainties continue to exist or further interpretation is required beyond that presented in the above subsections, the question shall be presented to the city council to enact a clarifying ordinance and city council's action shall be recorded on the zoning map.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

The City of Hogansville Comprehensive Plan, consisting of the character area map and related policies, is hereby established as the official policy of the city concerning future land uses and shall serve as a guide regarding the appropriate manner in which property shall be zoned in the city. The most recent version of the comprehensive plan, as adopted by the city council, shall identify zoning districts that are authorized within each of the city's character areas as delineated on the character area map. No rezoning of property in the city shall be done in a manner inconsistent with the character area map and related policies of the comprehensive plan.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

Nothing herein shall repeal conditions of use, operation, or site development imposed by zoning approval(s), special use permits, variances or permits issued under previous ordinances or resolutions. When such conditions conflict with zoning actions, the more restrictive provision shall prevail. All variances, exceptions, modifications and waivers heretofore granted by the zoning administrator, city manager, or city council shall remain in full force and effect. All terms, conditions and obligations heretofore imposed by the city council shall remain in effect except where otherwise provided under article XI for nonconforming situations and for previously adopted site plans.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Upon request, the zoning administrator shall have authority to issue written zoning verifications stating the existing zoning of a particular parcel or property.

(2)

Upon request, the zoning administrator shall have authority to issue written certificate of zoning compliance, certifying that a proposed structure, land use, or alteration complies with the provisions of the UDO. Such requests shall be accompanied by simple sketch of the site indicating such information as may be needed to present a record of existing conditions and proposed usage, including proposed off-street parking and/or loading areas. A certificate of zoning compliance shall become invalid after the use authorized is suspended or abandoned for the period of nine months.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)