(a)

The purpose of this chapter is to establish minimum standards for the use of land and improvements thereon in the city. The zoning regulations and districts established in this chapter are designed to:

(1)

Promote the health, safety and general welfare of the residents of the city;

(2)

Mitigate impacts and make improvements to streets and other public infrastructure;

(3)

Secure safety from fire;

(4)

Provide adequate light and air;

(5)

Prevent overcrowding of the land;

(6)

Avoid undue concentration of the population;

(7)

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public services and needs;

(8)

Promote desirable living conditions;

(9)

Sustain the stability of neighborhoods;

(10)

Protect property against blight and depreciation;

(11)

Secure economy in governmental expenditures;

(12)

Conserve the value of buildings;

(13)

Encourage the most appropriate use of land and structures; and

(14)

Improve the overall aesthetics of the city.

(b)

The intention of this zoning ordinance is to regulate:

(1)

The location, height, bulk, and size of buildings and other structures;

(2)

The use of buildings, structures, and land for business, industry, residence, public activities, and other purposes;

(3)

The division of the incorporated area of the city into zoning districts and to establish boundaries for said districts.

(4)

Define the methods of administration, amendment and enforcement of this zoning ordinance;

(5)

Prescribe the penalties for the violation of the provisions of this zoning ordinance; and

(6)

Repeal conflicting code sections, ordinances and regulations and other matters.

(c)

No building or site shall be erected, converted, enlarged, reconstructed, moved, structurally altered, disturbed, or graded, except upon application for and issuance of a building and/or land development permit by the zoning official.

(d)

Effective Date. The provisions of this zoning ordinance become effective and compliance with its provisions becomes mandatory upon adoption, unless otherwise expressly stated in a specific provision of the zoning ordinance.

(e)

Enforcement. The provisions of this chapter shall be administered and enforced by the zoning official, who is given the authority to perform these functions. The zoning official's duties shall include receiving applications, inspecting premises, issuing building permits and certificates of occupancy for uses and structures that meet the requirements of this chapter and other duties that are authorized by the city council. Duties may be delegated as outlined in section 94-312, Delegation of authority.

(f)

Transitional provisions. In interpreting and applying this zoning ordinance, the requirements contained herein are declared to be minimum requirements necessary to carry out the purposes of the zoning ordinance. Except as herein provided, this zoning ordinance shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever easements, covenants or other agreements between parties entered into prior to the effective date of this zoning ordinance, but only to the extent that such easements, covenants and other agreements between the parties thereto were consistent with any zoning ordinance in effect at the time such easements, covenants or other agreements were entered into by the parties and that any uses, improvements or structures contemplated by such easements, covenants or agreements were actually entered into, begun or permitted prior to the adoption of this zoning ordinance under a previous zoning ordinance. Whenever the provisions of this zoning 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 remain unoccupied than the provisions of other ordinances, rules, regulations, conditions of any easement, covenant or agreement between parties, the provision of this zoning ordinance shall govern as provided below:

(1)

All other conflicting ordinances and resolutions 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 or use permits issued under previous codes, ordinances, or resolutions, nor is the zoning map repealed. However, modifications to or repeal of these past conditions or approvals may be accomplished as provided by this zoning ordinance.

(2)

All variances and exceptions heretofore granted by the mayor and city council or other official action in accordance with prior code, ordinances or resolutions shall remain in effect and be binding. Prior codes, ordinances, or resolutions shall remain in effect insofar as required for the initiation of any proceedings or prosecution of any violation commenced by notice or citation prior to the adoption of this zoning ordinance.

(3)

Any use, development, or building activity for which a valid and complete application for a land disturbance permit or building permit has been received prior to the adoption of this zoning ordinance shall be deemed vested and such building and development for the use may, at the permittee's option, proceed to completion, and building permits, occupational tax certificates, and business licenses may be issued as though this zoning ordinance had not been adopted, provided that the land disturbance permit or building permit is or can be issued within 180 calendar days of the date of adoption of this zoning ordinance. Any future change in occupancy, use or alterations or modifications to any structure may require conformance with the then most recent version of this zoning ordinance and shall be subject to the provisions of division 9.3, Nonconformities, or similar grandfathering provisions adopted in the most recent version of this zoning ordinance.

(4)

Any development or building activity for which a land disturbance permit or building permit has been issued prior to the adoption of this zoning ordinance may, at the permitee's option, proceed to completion under such previously issued permits on the terms and conditions of the ordinance in effect on the date of issue of the permits unless otherwise required by state law.

(5)

The adoption of this zoning ordinance shall not be construed to affect the validity of any development, land disturbance, or building permit lawfully issued prior to the adoption of this zoning ordinance. The provisions of this section only apply to permits when:

a.

Such permit has not expired by its own terms prior to such effective date;

b.

Actual development or building, as the case may be, commenced prior to the expiration of such permit;

c.

Development or building, as the case may be, is diligently pursued and conducted in accordance with all of the applicable terms of the permit and the rules and regulations that regulate such activities;

d.

No extensions of such permit shall be authorized following the effective date of this zoning ordinance except upon a showing of delays caused by extraordinary weather events, force majeure or other circumstances beyond the control of the permittee.

(g)

Conflicting provisions.

(1)

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, morals, or general welfare. Whenever the provisions of any other ordinance or statute require more restrictive standards than those of this zoning ordinance, the provisions of such standards shall govern, unless provided otherwise.

(2)

Whenever the provisions of this zoning ordinance impose standards that are more restrictive than are required in or under any other statute, ordinance or resolution, these standards shall prevail, unless otherwise specified in this zoning ordinance.

(3)

When a condition of approval is more restrictive than the zoning ordinance, the condition of approval shall prevail. When a requirement of the zoning ordinance is more restrictive than a previously established condition of approval, the requirements of the zoning ordinance shall prevail.

(4)

Nothing herein shall repeal the conditions of use, operation, or site development adopted as part of any resolution approving an application to re-zone any property, grant a variance or special use or permits issued any previous zoning ordinance or resolution. All variances, exceptions, modifications, and waivers heretofore granted by the zoning official, mayor and city council, or other decision-making body enacted by the city shall remain in full force and effect, and all terms, conditions and obligations heretofore imposed by the mayor and city council shall remain in effect, unless such modification or repeal of past conditions is approved pursuant to a new application filed in accordance with the terms of this zoning ordinance.

(5)

State or federal regulations. If the provisions of this zoning ordinance are inconsistent with those of the state or federal government, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

(6)

Private agreements and covenants.

a.

This zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by a private agreement or covenant, the provisions of this zoning ordinance control.

b.

Private restrictive covenants to which the city is not a party are not regulated by or enforced by the city.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)

Should any section or provision of this zoning ordinance be declared by any court to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared unconstitutional or invalid. The mayor and city council hereby declare that is would have adopted each and every part of this ordinance independently and as a whole even if they had known that any one or more of such parts would be declared or adjudged invalid or unconstitutional.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

Required permits include, but are not limited to the following:

(1)

Building permit. A building permit, to indicate and ensure compliance with all provisions of this chapter, shall be required for any proposed use of lands or building before any improvements or grading of lands or any alteration or construction of buildings commences.

(2)

Development permit. Before any improvements or grading of the land commences, a development permit shall be required.

(b)

Site plan requirements. All applications for development and building permits shall be made to the city. Land disturbance permits will not be issued until a site plan and an erosion, sedimentation and pollution control plan have been approved by the local issuing authority or Georgia Soil and Water Conservation Commission (if applicable). Site plans shall include all the following information, unless determined to be unnecessary by the zoning official based on the scale and scope of the project:

(1)

Name. Name of the proposed development, names, addresses, and phone number of the owners, and the professional who drafted the site plan and their seal.

(2)

Date and scale. Date, north arrow, and graphic scale.

(3)

Survey boundaries. Surveyed boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements.

(4)

Location map. A general location map, indicating existing zoning on or adjacent to the site, adjoining roads, and the adjacent areas.

(5)

Building locations. Location of all proposed buildings, their shape, size, and set back in appropriate scale.

(6)

Parking and loading. All required parking and loading facilities for nonresidential uses.

(7)

Right-of-way. Show the location, with lengths and widths, and the name or purpose of all rights-of-way of streets, roads, alleys, railroads, public crosswalks, and applicable easements. Both public and private roads shall be constructed to current Georgia Department of Transportation standards at the time of application.

(8)

Buffers. Show the location and design of proposed and required buffers and landscaping.

(9)

Environmentally sensitive areas. Show building or development proximity to water supply watershed protection district, wetlands protection district, mountain protection district and the boundary and elevation of the 100-year floodplain as determined by the past history of flooding or the best available data.

(10)

Proposed improvements. The names, where appropriate, and locations and dimensions of proposed streets, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards, landscaping, and other open spaces.

(11)

Existing and proposed utilities. The locations of any existing and proposed utilities (i.e., gas/fuel, electric, water, sewer, or telecommunication infrastructure) together with any private wells, septic tanks, and septic drainage fields, as applicable.

(12)

Adjacent developments. All other information concerning the lot or adjoining lots may be essential to determine whether the proposed development meets the provisions of this chapter shall be included in the sketch plan.

(13)

Stormwater management plan. This plan shall comply with the current Georgia Stormwater Management Manual (GSMM) for water quality and quantity and be prepared by a registered professional Engineer licensed in the state of Georgia. Stormwater detention/retention shall be on the property being developed unless stormwater management can be provided by city stormwater infrastructure and capacity can be illustrated by the plan as determined by the city.

(14)

Additional information as required to enable staff to adequately determine that the site standards of the following related chapters have been met:

a.

Chapter 26, Environment; and,

b.

Chapter 34, Flood damage prevention; and,

c.

Chapter 66, Streets, curbs, and sidewalks; and,

d.

Chapter 70, Subdivisions; and,

e.

Chapter 82, Utilities and,

f.

Chapter 86, Vegetation.

(15)

Additional information requested by staff to adequately determine if all conditions of the zoning ordinance or other approvals have been met.

(c)

Building plan requirements. All commercial building plans shall be prepared by a professional engineer or professional architect licensed to practice in the State of Georgia. Boundary surveys and plats shall be prepared by a professional engineer or surveyor licensed to practice in the State of Georgia. All professionals shall be registered under Georgia laws regulating the practice of building design, architecture, or engineering and shall affix their official seal and signature to said drawings and specifications.

(d)

Issuance of building permit. If the proposed building or development activity as set forth in the application are in conformity with the provisions of this chapter and other City of Jasper Ordinances and Codes, then the zoning official shall issue a permit upon payment of the required fee. If a permit is denied, the zoning official shall state such refusal, in writing, with cause. The zoning official shall not issue any permit if the land or building as proposed to be used, constructed, or altered would be in violation to any provisions of this chapter or any codes and laws of the city, state, or federal government, except as provided herein.

(e)

Duration of permit validity/expiration.

(1)

If the work authorized in any permit has not begun within 180 days from the date of permit issuance, the permit expires and has no further effect.

(2)

If the work described in any permit has not been substantially completed within two years of the date of permit issuance, the permit expires and has no further effect.

(3)

There shall be no reimbursement of any payment made to the City of Jasper to cover fees incurred during the plan review or permit issuance process, unless it is found by the zoning official that the original fee incurred was the result of a clerical error.

(4)

The zoning official is authorized to revoke any permit previously issued if upon site inspection the zoning official finds evidence that certain site improvements have been made or land uses have been performed which are outside authorized scope of the approved permit; or, which are in violation of municipal ordinances applicable to the project; or, which are in violation of any condition of approval tied to the permit at the time of its issuance.

(f)

Certificate of occupancy required.

(1)

A certificate of occupancy/completion issued by the zoning official is required in advance of the occupancy or use of:

a.

Any building, structure, land, or premises.

b.

Any building or structure hereafter erected or moved.

c.

Any building hereafter altered, so as to affect the front, side, or rear yards thereof, or its height.

d.

Any building, structure, or premises in which there is a change of occupancy or use.

(2)

The zoning official shall sign and issue a certificate of occupancy/completion if the proposed use of land or building, as slated on the certificate of occupancy/completion, is found to conform to the applicable provisions of this chapter, and if the building, as finally constructed, complies with the plans submitted for the building and/or development permits.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023; Ord. No. 2024-10, §§ 1(a), 1(b), 5-6-2024)

(a)

District map. 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 reference and declared a part of this zoning ordinance.

(b)

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words:

"This is to certify that this is the official zoning map referred to in the Jasper Zoning Ordinance, together with the date of adoption of this ordinance. The official zoning map and all notations, references, and other information shown thereon are a part of the zoning ordinance and have the same force and effect as if the zoning map and all the notations, references, and other information shown thereon were fully set forth and described as if actually depicted within its pages."

(c)

District boundaries.

(1)

The district boundaries as shown on the official zoning map are generally intended to follow streets, alleys, lot lines or natural boundaries such as bodies of water. Where districts are designated on said map are bounded by such street, alley, lot line or natural boundary, the centerline of the street, alley or natural boundary or the actual lot line shall be the boundary of the district unless a specific boundary is otherwise indicated of the official zoning map. In all other cases, the district boundary line shall be determined by use of the scale on the official zoning map.

(2)

When the boundary line of a district divides a lot or tract held in single ownership at the time of the adoption of the zoning ordinance from which this chapter is derived, the district boundary line may be allowed to extend a distance of not more than 50 feet into the least restricted district encompassed within the boundary of the lot or tract held in single ownership at the request of the owner of the tract.

(d)

Maintenance and updates. The zoning official shall be responsible for directing revisions to the official zoning map to reflect its amendment as soon as practicable after the effective date of the zoning map amendment adopted pursuant to this chapter. This is not intended to require the zoning map to be updated after each amendment. No unauthorized person may alter or modify the official zoning map. No change shall be made on the official zoning map except in conformity with the procedures set forth in this zoning ordinance. Any unauthorized change of any kind by any person or persons shall be considered a violation of the zoning ordinance and shall be punishable as provided by law, excluding any transcription error undertaken by the zoning official in good faith, which error shall be corrected immediately upon its discovery.

(e)

Copies of the official zoning maps and historical records. The latest adopted version of the official zoning map shall be available for inspection in the offices of the City of Jasper regular business hours of the city. The zoning official may authorize printed copies of the official zoning map to be produced, but only the original on file shall be evidence as to the zoning district boundaries and the zoning of any lot or tract of land in the city. The zoning official shall maintain digital and/or printed copies of each superseded version of the official zoning map after its amendment for historical reference.

(f)

Replacement of the official zoning map.

(1)

The official zoning map becomes damaged, destroyed, lost or difficult to read or interpret due to the number of changes and additions over time, the mayor and city council may direct that the zoning official initiate a zoning procedure for the purposes of adopting a new official zoning map which shall supersede the prior official zoning map that has been damaged, destroyed, lost or become illegible by reason of the zoning amendments depicted thereon. Upon adoption of the new official zoning map after a public hearing as required for any other zoning amendment and a majority vote of the mayor and city council in a public meeting adopting the replacement of the official zoning map and identification of said replacement by the signature of the mayor on the map, attested by the city clerk and affixed with the seal of the city under the words:

"This is to certify that this is the official zoning map supersedes and replaces the official zoning map adopted the date of [insert date of adoption of prior map] as part of the City of Jasper Zoning Ordinance."

(2)

The new official zoning map may be adopted with corrections of drafting or other scrivener's errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the terms or conditions of any prior zoning Amendment or the district boundaries or parcel zoning district from the terms, conditions or boundaries as set forth in the original zoning amendment resolution duly adopted under the provisions of this zoning ordinance or a prior zoning ordinance without a new application, hearing and zoning amendment being adopted by the mayor and city council.

(3)

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

(g)

Annexation. Any land annexed into the city subsequent to the date of this zoning ordinance shall be annexed in accordance with the laws of the State of Georgia and any other ordinance of the city affecting annexation shall be zoned under this zoning ordinance immediately following the annexation vote into a zoning district and under such conditions as to be zoned to be compatible with adjacent land by the city council's zoning decision.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021)

(a)

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

(b)

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

(1)

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

(2)

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.

(3)

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

(4)

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

(c)

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

(d)

Split-zoned lots.

(1)

Split-zoned lots prohibited. The zoning map shall not be amended to classify a single parcel of land into two or more base zoning districts. This provision does not apply to overlay zoning districts.

(2)

Parcels shall not be divided and/or combined to create a split-zoned parcel of land (into more than one base zoning district classification). This provision does not apply to overlay zoning districts.

(3)

If an existing parcel of land is split into two or more zoning districts, each such portion of the split-zoned parcel may be used only for purposes allowed within the zoning district that each such portion is classified. No principal or accessory use of land, building or structures, and no use or building or structure authorized by permit, or special use permit, is allowed unless the use, building or structure is expressly authorized or permitted within the subject zoning district.

(e)

Relationship to comprehensive plan and future development map. The Pickens County Joint Comprehensive Plan, consisting of the future development 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 mayor and city council, shall identify zoning districts that are appropriate within each of the city's character areas as delineated on the future development map. No rezoning of property in the city shall be done in a manner inconsistent with the future development map and related policies of the comprehensive plan.

(Ord. No. 2021-01, § 1(Attch.), 2-1-2021; Ord. No. 2023-07, § 1(a)(Exhs. 1—3), 6-5-2023)