This ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Port Wentworth, Georgia." The map referred to shall be known as the "The Zoning Map of the City of Port Wentworth, Georgia" and shall be maintained by the Zoning Administrator.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

For the purpose of promoting and protecting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the City of Port Wentworth; and for the purpose of lessening congestion in the streets and roads; securing safety from fire and other dangers; providing adequate light and air; promoting the distribution of population and classification of land uses and distribution and utilization of land development as will tend to facilitate and conserve adequate provision of transportation, water supply, drainage, sanitation, educational opportunity, and recreation; and for other public purposes, the Council of the City of Port Wentworth does hereby ordain and enact into law the following regulations and Zoning Districts.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

This ordinance of the City of Port Wentworth:

A.

Regulates the location, height, bulk, number of stories, and size of buildings and other structures; the percentage of a lot that may be occupied; the sizes of yards and other open spaces; the density and distribution of population; and regulates the use of all land within the City;

B.

Regulates the uses of buildings, structures, and lands for trade, industry, residence, recreation, conservation, water supply, sanitation, public safety, and public activities;

C.

Provides for the preservation of scenic areas and protection against floods, rising waters, and erosion;

D.

Creates districts for these purposes and establishes the boundaries for those districts;

E.

Defines certain terms used in the ordinance; and

F.

Provides for the method of administration, appeal and amendment, enforcement, duties, and the provision of penalties for violation.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

This ordinance is divided into the following six (6) parts:

A.

Part I Introduction. An introduction to set the purpose, applicability, organization, and legal basis for zoning regulation.

B.

Part II Zoning District Regulation. Land use, building, and dimensional regulations specific to Zoning Districts.

C.

Part III Development Provisions. Regulations related to general property, specific land uses and activities, and the development of land.

D.

Part IV Review Processes and Standards. Direction for review of zoning and land development applications.

E.

Part V Administration. Administrative and review authorities, regulations concerning enforcement, and restrictions on nonconformities.

F.

Part VI Definitions and Specifications. General definitions and land use definitions for terms used in this ordinance and planting specifications.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Graphics are provided as "figures" throughout this ordinance to illustrate the intent of the regulatory language. When there is an apparent discrepancy between the ordinance text and a text within a figure, the ordinance text shall supersede. Any text within a table is a requirement.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Interpretation. In the interpretation and application of this ordinance, all provisions shall be considered as minimum requirements, liberally construed in favor of the City Council and the Zoning Administrator, and deemed neither to limit nor repeal any other powers granted under state law. This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions.

B.

Conflict. Where the provisions of this ordinance are in conflict or overlap with other ordinances, whichever imposes the more stringent restrictions shall prevail.

C.

State Law. In the event this ordinance conflicts with State law, then State law shall prevail.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Purpose. The purpose of this section shall be to establish the procedures for handling previously approved items that existed as of the effective date of this Zoning Ordinance.

B.

Effect of this Ordinance on Applications Submitted and Prior Approvals.

1.

Applications Submitted. Applications for plan approval, permits, and other authorizations that are determined to be complete by the Zoning Administrator as of the effective date of this Zoning Ordinance may be approved if in compliance with the Zoning Ordinance in effect at the time of submission. Complete shall mean that all information required by the particular application has been provided and that all applicable fees have been submitted.

2.

Approved Plans, Permits, and Other Authorizations. Approved plans, permits, authorizations, and similar development approvals shall be governed by the Zoning Ordinance or other ordinances under which the approval was given. The continued validity of such plans, permits, and authorizations shall be determined pursuant to this subsection.

C.

Effect of this Zoning Ordinance on Pending Land Use Development and Permit Applications.

1.

Any land use development, license, or permit application that is complete as of the time of adoption of this Zoning Ordinance shall be reviewed under the ordinances in force and effect at the time the application is completed and shall be approved if in compliance with said ordinances.

2.

If a development requires a series of applications (i.e., site development plan approval, application for a variance, building permit, business license, etc.), if one (1) application is filed prior to the effective date of this Zoning Ordinance, all applications shall be reviewed under the Zoning Ordinance and other ordinances in force and effect at the time the first application is completed and shall be approved if in compliance with said ordinances. If a development is subject to this subsection, then the developer may elect to have the applications reviewed under this Zoning Ordinance; once such decision is made to apply this Zoning Ordinance, the development may not revert to elect other previous Zoning Ordinance or other ordinances for application reviews.

D.

Any Use Previously Allowed as a Matter-of-Right Use that Becomes a Special Use Under This Ordinance.

1.

Uses with Approved Development Impact Assessment. A use approved under the prior zoning ordinance that was established with the approval of a Preliminary Development Plan (which included a Development Impact Assessment and Preliminary General Site Plan) shall be an approved special use.

2.

Other Uses. Any other conforming use in operation as of the effective date of this Zoning Ordinance that was previously permitted as a matter-of-right use and that is now a special use under this Zoning Ordinance shall be considered a nonconforming special use.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Authorization. The Port Wentworth City Council is authorized to adopt this ordinance pursuant to the enabling authority contained in the Georgia Zoning Procedures Law (O.C.G.A. 36-66-1 et seq.) and all other relevant laws of the State of Georgia.

B.

Change of Statute. Whenever any provision of this ordinance refers to or cites a section of the Georgia Code of Laws and that section is later amended or superseded, this ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

If any section, subsection, clause, provision, or portion of these regulations shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, subsection, clause, provision, or portion of these regulations which is not invalid or unconstitutional.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Repeal.

1.

The adoption of this Zoning Ordinance shall have the effect of repealing the prior Zoning Ordinance (Appendix B of the City of Port Wentworth Code of Ordinances) and replacing all ordinances and parts of ordinances in conflict with this ordinance.

2.

When any language which repealed another shall itself be repealed, the previous language shall not be revived without being approved as a text amendment to this ordinance, as detailed in Article 17.

B.

Approval and Effective Date. This ordinance is a restatement of the City of Port Wentworth Zoning Ordinance approved on June 22, 2023, and effective on June 22, 2023.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

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