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Jonesboro City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 86-1.- Title.

This chapter establishes regulations for development and use of all property within the City of Jonesboro, Georgia, and shall be known as the 2005 Jonesboro Zoning Ordinance, and shall be effective throughout the City of Jonesboro.

(Ord. No. 05-08, § 2(1.01), 8-15-2005)

Sec. 86-2. - Authority.

This chapter is adopted under the authority of the Charter of the City of Jonesboro, as approved by the Governor in 1996, and under the authority granted to municipal corporations by the laws of Georgia.

(Ord. No. 05-08, § 2(1.02), 8-15-2005)

Sec. 86-3. - Applicability.

Standards and regulations contained in this chapter shall apply to all present and future land use and development of property located in the incorporated area of Jonesboro, Georgia. Requirements contained herein are declared to be the minimum requirements necessary to implement the purposes of this zoning ordinance. This ordinance shall regulate building height, number of stories, size of buildings and other structures; the percentage of lot that may be occupied, the dimension of yards and other open spaces, residential density and distribution, location and use of buildings and other structures, and the use, condition of use or occupancy of land for trade, industry, housing, recreation, transportation or for any other purpose. This ordinance, in tandem with the official zoning map, creates zoning districts for such purposes and establishes the boundaries thereof. The ordinance also defines certain terms used herein; provides for the method of administration, enforcement and amendment; and defines the powers and duties thereof; establishes enforcement and penalty provisions and is adopted for other public purposes.

(Ord. No. 05-08, § 2(1.03), 8-15-2005)

Sec. 86-4. - Purpose.

This chapter has been prepared in accordance with the Comprehensive Plan of the City of Jonesboro, Georgia, and is established for the purpose of promoting orderly and sustainable development; protecting public health, safety, convenience and welfare; minimizing traffic congestion; ensuring such access, design and density of development and use as will secure safety from fire, panic, and other dangers; providing adequate access to natural light and air; achieving such timing, density, distribution and design of development and use as will facilitate an economic, adequate and timely provision of transportation, communication, water supply, sanitary sewer, drainage, sanitation, educational, police and fire protection, recreational and other public services; protecting existing development and property against blight and depreciation; preventing flooding of improved property; improving the quality of life through protection of Jonesboro's total environment, including prevention of air, land, water, visual and noise pollution; encouraging greater efficiency and economy of land development through natural resource conservation; preventing the overcrowding of land, undue concentration of population and urban sprawl; encouraging the most appropriate use of land, buildings and other structures; achieving such density, dwelling type, design and distribution of housing as will protect and enhance residential property values and facilitate provision of adequate housing; preserve established development patterns and historic district and structures; and for other purposes. These regulations have been developed with reasonable consideration of the character of various zoning districts and their peculiar suitability for particular uses, and with the general objective of promoting desirable living and working environments, stable neighborhoods, functional and attractive commercial and industrial districts and protecting Jonesboro's natural resources. These regulations have also been developed to accommodate a reasonable balance between the exercise of private property rights and beneficial use and enjoyment of surrounding properties.

(Ord. No. 05-08, § 2(1.04), 8-15-2005)

Sec. 86-5. - Effective date.

This Zoning Ordinance shall be effective immediately upon its adoption by the Mayor and City Council of the City of Jonesboro, Georgia.

(Ord. No. 05-08, § 2(1.05), 8-15-2005)

Sec. 86-6. - Repeal of conflicting regulations and ordinances; validity of prior approvals.

(a)

The [former] Zoning Ordinance of the City of Jonesboro, Georgia, contained in this Code of Ordinances, City of Jonesboro adopted and approved January 23, 2001, as amended is hereby repealed. The 2005 City of Jonesboro Zoning Ordinance is hereby adopted and enacted in lieu, thereof.

(b)

This is the Zoning Ordinance of the City of Jonesboro, and all other conflicting ordinances, regulations, resolutions or parts thereof in conflict 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 zoning ordinances or resolutions. Modification or repeal of such past conditions of approval may be accomplished as provided by this chapter.

(c)

All variances and exceptions heretofore granted by the city shall remain in full force and effect and all terms, conditions and obligations imposed by the city shall remain in full force and effect and shall be binding. Prior ordinances shall remain in effect insofar as required for initiation of any proceedings against violations thereof, and for the prosecution of any violations heretofore commenced.

(d)

Notwithstanding anything contained herein and notwithstanding any change in zoning classification, all previous stipulations, conditions, restrictions, agreements and terms contained in prior zoning ordinances shall remain in full force and effect and shall not be amended by this document and shall carry forward to any new zoning classification and shall be binding upon said property. Prior ordinances shall remain in effect and shall remain as such stipulations, conditions, restrictions, agreements and terms, even though the zoning category itself may be changed hereunder.

(Ord. No. 05-08, § 2(1.06), 8-15-2005)

Sec. 86-7. - Zoning regulations shall govern.

In interpreting and applying the provisions of this chapter, applicants shall be held to be the minimum requirements for promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. This chapter is not intended to interfere with, abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this chapter. Nor is this chapter intended to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon building heights or stories; requires a larger lot area or greater width or size of yards, courts or other open spaces, or requires a larger percentage of a lot to remain unoccupied, or imposes other more restrictive standards than are required in or under any other statute, ordinances, easements, covenants, or agreements, the regulations and requirements of this chapter shall govern.

Whenever the provisions of any other statute require more restrictive standards than are required by this chapter, the provisions of such statute shall govern.

(Ord. No. 05-08, § 2(1.07), 8-15-2005)

Sec. 86-8. - Development projects under construction.

Nothing in this chapter shall require any change in the development or proposed use of properties legally under construction, or for which a development plan or preliminary plat has been approved within three years of the effective date of this chapter, provided development of which shall be commenced within 90 days immediately following the effective date of this chapter. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner on the property. Where excavation or demolition or removal of an existing building has been substantially begun in preparation for rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be pursued diligently toward completion.

(Ord. No. 05-08, § 2(1.08), 8-15-2005)

Sec. 86-9. - Existing plans, construction, size and use.

Nothing in this chapter shall require any change in the development or proposed use of properties legally under construction, or for which a development plan or preliminary plat has been approved within three years of the effective date of this chapter, provided development of which shall be commenced within 90 days immediately following the effective date of this chapter. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner on the property. Where excavation or demolition or removal of an existing building has been substantially begun in preparation for rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be pursued diligently toward completion.

(Ord. No. 05-08, § 2(1.09), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)