No building shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which the building is located.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A principal use not specifically listed is not allowed unless the director determines the use to be part of a use category as described below.

A.

The planning division is responsible for categorizing all principal uses. If a proposed use is not listed in a use category, but is similar to a listed use, the planning department may consider the proposed use part of that use category. When determining whether a proposed use is similar to a listed use, the planning division must consider the following criteria:

1.

The actual or projected characteristics of the proposed use;

2.

The relative amount of site area or floor area and equipment devoted to the proposed use;

3.

Relative amounts of sales;

4.

The customer base;

5.

The relative number of employees;

6.

Hours of operation;

7.

Building and site arrangement;

8.

Types of vehicles used and their parking requirements;

9.

The number of vehicle trips generated;

10.

How the proposed use is advertised;

11.

The likely impact on surrounding properties; and

12.

Whether the activity is likely to be found independent of the other activities on the site.

B.

If the planning division finds that proposed use meets the criteria listed above for a similar use, the director shall make the final decision for approval.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Permitted Use (P): Indicates a use is permitted in the respective district. The use is also subject to all other applicable requirements of the Code.

B.

Special-Permitted Use (S): Indicates a use may be permitted in the respective district only after a public hearing by the planning commission and approval by the mayor and city council. Special uses are subject to all other applicable requirements of this code.

C.

Accessory Uses (A): Indicates that a use that is subordinate in both purpose and size, incidental to and customarily associated with a permitted or special principal use located on the same lot.

D.

Non-Permitted Uses (-): Indicates a use which is not permitted in the respective district.

(Ord. No. 25-01-02, § 1, 1-2-2025)

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Within the districts established by this article or amendments that may have previously been adopted or may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of the present or future amendments.

B.

For purposes of this article, the term "nonconforming use" shall mean a lawful lot, structure, use of land, or land and structure that existed at the time of the adoption of the zoning ordinance of the City of McDonough, or at the time of the adoption of an amendment to the zoning ordinance, that no longer conforms to those regulations and restrictions contained in the zoning ordinance because of the adoption of the zoning ordinance or the adoption of an amendment to the zoning ordinance.

C.

It is the intent of this section to require removal or cessation of certain of these nonconformities, and to permit others to continue until they are otherwise removed or ceased.

D.

Nonconforming use of land, structures, or land and structures in combination shall not be extended or enlarged after passage of this article.

E.

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction, or designated use of any building on which construction was lawfully begun prior to the effective date of adoption or amendment of this article, and upon which actual building construction has been carried on diligently.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

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 at the effective date of adoption.

B.

Such a lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even if the lots fail to meet the requirements applicable in the district regulations.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Where a lawful structure exists at the effective date of adoption that could not be built under the terms of this chapter, by reasons of restriction on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it is and remains otherwise lawful subject to the following provisions:

A.

Alterations prohibited. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity; but any structure or portion thereof may be enlarged or altered if the degree of its nonconformity remains the same or is decreased, provided such structure is used for a permitted use.

B.

One- and two-family residential structures. Should such a nonconforming one- or two-family residential structure be destroyed, by any means, in whole or in part, it may be reconstructed in the same location and upon its previous foundation and to its previously existing height, provided said reconstruction does not increase the previously existing degree of non-conformity and further provided that said reconstructed structure is used for a permitted use.

C.

All other structures. Should such nonconforming multifamily residential, commercial, or industrial structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this article.

D.

Accessory structures. When a non-conforming, accessory structure is destroyed by any means, in whole or in part, it may be reconstructed in the same location and upon its previous foundation and to its previously existing height, provided said reconstruction does not increase the previously existing degree of nonconformity and further provided that said reconstructed structure is used for a permitted use.

E.

Moving. Where a nonconforming structure is moved off its previous lot, it shall thereafter conform to the regulations for the district in which it shall be located after it is moved.

F.

Public purposes. In cases where land is taken for public purposes from a legal lot of record and it reduces yards previously required in relation to a structure to meet setback requirements generally applicable within the district, the portion of the structure involved shall be construed to be nonconforming.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Any building, structure or use existing at the time of the enactment or subsequent amendment of this Title 17, but not in conformity with its regulations and provisions, may be continued except that the use of a principal nonconforming building, structure or land shall not be:

1.

Changed to another nonconforming use;

2.

Re-established after discontinuance for one (1) year;

3.

Enlarged, altered and extended, except in conformity with this Title 17;

4.

Rebuilt, altered or repaired after damage exceeding sixty (60) percent of its replacement cost, as determined by the director, except in conformity with this title and provided such rehabilitation, alteration or repair is completed within twelve (12) months of such damage.

B.

If a residential structure stands in an OI-office/institutional district and is converted into an office space, all required parking shall be located in the rear yard with a five-[foot] buffer strip along all adjacent property lines.

C.

Nothing in Title 17 shall require any change in the plan, construction or intended use of a building which is under construction at the effective date of this regulation and upon which actual building construction has been carried out diligently.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The following procedure applies to special use petitions:

A.

Application. The petitioner shall submit a special use permit application, affidavit and consent of property owner (if the owner is someone other than the petitioner), the required filing fee, and required supportive information. Supportive information shall include, but not be limited to, the following:

1.

A site plan drawn with a straight edge, signed, and dated, clearly showing the entire layout of the property and all features relevant to the special use request.

2.

A letter of intent to the planning commission describing the details of the special use request, including, but not limited to:

a.

The ways in which a special use permit shall comply with the applicable development standards of this code,

b.

The ways in which the SUP shall be consistent with the required findings of fact described in Section 17.92.016.

B.

Notification. Notification for the scheduled public hearing regarding the SUP request shall be consistent with Section 17.92.015, notice of public hearing.

C.

Public hearing. The planning commission shall at a public hearing scheduled consistently with the adopted calendar of filings and meeting dates, review the SUP application and required supportive information.

1.

Either the petitioner or their representative must be present at the public hearing to present the petition and address the required findings of fact.

2.

The PC shall consider a report from the director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the PC.

4.

The PC shall either forward the application to the mayor and city council with a favorable recommendation, an unfavorable recommendation, or no recommendation with an explanation, or defer the decision to the next meeting.

a.

The petition shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed below in this section.

b.

The petition shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed below in this section.

c.

The petition may be forwarded with no recommendation with an explanation, if by a majority vote of the PC, it is determined that the application includes aspects that the PC is not able to evaluate.

D.

[Vote.] Mayor and city council shall hold a public hearing and vote on the proposed SUP permit.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

In adopting an ordinance for an SUP permit, the PC may recommend, and the mayor and city council may impose special conditions which are deemed necessary to make the requested zoning acceptable and consistent with the goals and objectives of the city's comprehensive plan or when deemed necessary to protect the public health, welfare and safety. The special conditions may include, but are not limited to, the following:

1.

The permit, if granted, will not cause any diminution or depreciation of property values of any surrounding property or will not alter the essential character of the locality.

2.

The permit, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood and community.

3.

The granting of the SUP will not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located, in that it will not impair an adequate supply of light and air, or increase substantially the congestion in the public streets, create a traffic hazard, or permit inadequate parking, or increase the danger of fire, or substantially affect or overburden existing drainage or sewerage systems, or endanger the public safety, nor cause serious annoyance or injury to occupants of adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise or vibration, light, or glare or other nuisances.

4.

The proposed use shall comply with all applicable regulations of this code.

5.

The establishment, maintenance, or operation of the proposed use shall not have adverse impacts on the health, safety, comfort, or general welfare of individuals living or working in the area and shall not be injurious to property or improvements in the area. In making such a determination, consideration shall be given to:

a.

The location, type, and height of buildings, structures, or facilities.

b.

The type and extent of landscaping, screening, and buffering on the site.

6.

Adequate public facilities shall be provided as set forth in this code.

7.

Adequate measures shall be taken to provide ingress, egress, and interior circulation so designed as to minimize traffic hazards and congestion on the public streets and facilitate safe and convenient multi-modal transportation for vehicles, pedestrians, and cyclists, as appropriate.

8.

The proposed use shall not impede the orderly development and improvement of surrounding property or the area.

(Ord. No. 25-01-02, § 1, 1-2-2025)

In approving any special use permit, the council may:

A.

Impose such reasonable standards, conditions, or requirements, in addition to or that supersede any standard specified in this code, or within federal or state regulations and standards if federal or state provisions allow additional or stricter application, as the mayor and city council may deem necessary to protect the public interest and welfare. Such additional standards may include, but are not limited to:

1.

Availability and financing of adequate public facilities.

2.

Dedication or reservation of land.

3.

Creation of special assessment districts.

4.

Creation of restrictive covenants, easements, or servitudes.

5.

Special setbacks, yard, or area requirements.

6.

Increased screening, landscaping, or buffering requirements.

7.

Development phasing.

8.

Standards pertaining to traffic, circulation, lighting, hours of operation, vibration, noise, odor, dust, smoke, gas, or other performance-related impact, or protection of environmentally sensitive areas and similar characteristics.

9.

Provision of sustainable features.

B.

Require that a performance bond be posted, and a development agreement be entered into by the applicant to ensure continued compliance with all conditions and requirements as may be specified, in this code.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A request for amendment may be withdrawn at any time prior to a decision by the mayor and city council, provided the withdrawal is in writing and signed by the person(s) who initiated the amendment.

(Ord. No. 25-01-02, § 1, 1-2-2025)

If the decision of the mayor and city council is to deny the SUP, then the same property may not again be considered for a special use until the expiration of at least six (6) months immediately following such denial. If the applicant wants to reapply sooner than six (6) months, a new application that is considered significantly different from the original by the director shall be allowed to apply.

(Ord. No. 25-01-02, § 1, 1-2-2025)

An SUP permit may cease to be authorized and terminated with proper public notification, public hearing, and approval by the mayor and city if construction has not commenced within twelve (12) months of the date the SUP permit is granted.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

In accordance with O.C.G.A. § 36-66-1 et seq., the Zoning Procedures Law of the State of Georgia, the mayor and city council may amend or partially repeal the text of this chapter, or they may amend the official zoning map of this chapter as follows:

1.

The director or mayor and city council may initiate a proposal to amend or partially repeal the text according to the procedure of the Zoning Procedures Law of the State of Georgia and according to the mayor and city council rules and procedures.

2.

The director or mayor and city council may initiate an application to change the official zoning map according to the procedure of the State of Georgia and according to the mayor and city council rules and procedures.

B.

In its review of the text and zoning amendments, the planning commission and the mayor and city council shall pay reasonable regard to:

1.

The most recently adopted comprehensive plan;

2.

Current conditions and the character of structure and uses in each district;

3.

The most desirable use for which the land in each district is adapted;

4.

The conservation of property values throughout the jurisdiction;

5.

Responsible development and growth; and

6.

The health, safety, and welfare of the community.

(Ord. No. 25-01-02, § 1, 1-2-2025)