1.1.1. Short title. This ordinance shall be known as the "City of Social Circle Unified Development Code" and may be referred to herein as this "Code," "UDC," or "Ordinance."

1.1.2. Components of this unified development code. This UDC contains the following parts:

A.

Text of this UDC; and

B.

The official zoning map; and

C.

Any map amendment or conditions of approval adopted in accordance with this Code.

1.1.3. Authority. This UDC is enacted based on the authority vested in the City of Social Circle by the State of Georgia, including but not limited to the Georgia Constitution Article IX, Section 2, Paragraph IV, the Zoning Procedures Law, O.C.G.A. §§ 36-66-1 et seq., and the Charter of the City of Social Circle, Georgia.

1.1.4. Purpose of ordinance. This UDC is adopted for the purpose of promoting the public health, safety, and general welfare of the residents, property owners, and visitors to the city and to encourage the orderly, harmonious, and judicious use of land, consistent with the goals, policies, and strategies of the city comprehensive plan. More specifically, this UDC is adopted to accomplish the following purposes:

A.

To balance conservation with environmental stewardship by:

1.

Conserving unique natural resources, including delicate ecosystems, forested areas, stream beds, water reservoirs, and archeological sites.

2.

Promoting preservation and restoration of the native tree canopy.

3.

Protecting the built and natural environments from air, water, noise, and light pollution.

4.

Incentivizing the use of sustainable design features in new developments and projects.

5.

Providing clear and consistent procedures that balance effective public involvement with responsive decision making aligned with comprehensive plan goals.

6.

Promoting the efficient use of land and preservation of open space.

B.

To achieve design excellence of the built environment by:

1.

Establishing standards that mitigate overcrowding of public facilities and infrastructure.

2.

Providing parking and access standards that appropriately balance pedestrian and vehicular safety and result in safe pedestrian environments of the highest quality.

3.

Providing design standards that result in attractive architecture and compatible transitions of uses, height, and building scale between existing and new developments.

4.

Providing and promoting housing for all income groups within the city and promoting the stability of neighborhoods.

5.

Supporting density, design, and distribution of housing that will protect and enhance residential property values.

6.

Ensuring development provides adequate light, air, convenience of access, and safety from fire, flood, and other dangers.

C.

To support enhanced quality of life by:

1.

Supporting such timing, density, and distribution of land development and uses that will mitigate overcrowding of land so as to avoid undue concentration of population based on the availability of resources.

2.

Reducing or mitigating congestion in the public streets.

1.1.5. Jurisdiction. The provisions of this UDC shall apply to all properties within the jurisdiction of the city and shall govern the use and development of land. No land or building shall be used or reused, no site shall be developed, no building shall be erected, and no existing building shall be moved, added to, enlarged, or altered except in conformity with this UDC.

1.1.6. Relationship to the comprehensive plan. The city 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 completed in a manner inconsistent with the future development map and related policies of the comprehensive plan. If the mayor and city council considers a zoning map amendment request that does not concur with the policies of the comprehensive plan or future development map, approval of a comprehensive plan amendment shall be required prior to an approval of the zoning map amendment.

1.1.7. Minimum requirements. The provisions of this UDC are intended to be minimum requirements unless otherwise specified. Where the provisions of this UDC impose greater restrictions than other ordinances, the provisions of this UDC shall prevail. Where the provisions of another ordinance impose greater restrictions, the other ordinance shall prevail.

1.1.8. Conflicting provisions.

A.

This is the city ordinance, and all other conflicting ordinances and resolutions are hereby repealed.

B.

If the provisions of this UDC 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.

C.

These regulations are not intended to abrogate, annul, repeal, or in any way impair or interfere with the existing provisions of other ordinances or regulations, unless otherwise specified. Where these regulations conflict with other ordinances and regulations, the more restrictive requirements shall apply. The enforcement and interpretation of this UDC shall not be affected by deed restrictions, covenants, or easements, other than those made as a condition of approval of development plans under this UDC, special use permits, or other ordinances.

D.

The issuance of any approval, certificate, or permit in accordance with the standards and requirements of this UDC shall not relieve the recipient of such approval, certificate, or permit from the responsibility of complying with all other applicable requirements from any other city, county, state, or federal agency having jurisdiction over structures or land for which the approval, certificate, or permit was issued.

1.1.9. Delegation of authority. The head of an agency or department or other officer referenced in this UDC may authorize subordinates to perform any action or duty which such officer is authorized to perform under this UDC. Likewise, when a position is authorized to perform certain duties and decisions pursuant to this UDC, the city manager may be responsible for absorbing said duties during periods of vacancies in those positions.

1.1.10. Effect of past approval conditions.

A.

Where conditions have been applied to a property or use through the map amendment, special use permit, variance, or similar zoning or quasi-judicial decision process, such conditions shall apply to all portions of the subject development.

B.

All conditions shall be met prior to the issuance of certificates of occupancy or certificates of appropriateness for any development within the area subject to a rezoning/map amendment, variance, or special use permit, unless expressly stated in the condition itself.

1.1.11. Effective date. The provisions of this ordinance become effective immediately upon adoption. Likewise, the term "effective date" shall refer to any subsequent adoption of any amendments.

1.1.12. Severability.

A.

Invalidation. Should a court of competent jurisdiction of the State of Georgia or the United States hold any article, section, sentence, clause, phrase, or word of this UDC to be invalid or unconstitutional, such decision shall not affect, impair, or invalidate the remaining parts of this UDC, which can be given effect without the invalid provision.

B.

Prejudicial application. Should any article, section, sentence, clause, phrase, or word of this UDC be held invalid or unconstitutional in its application in a particular case, such decision shall not affect or prejudice its application to other cases.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

1.2.1. Generally. Abbreviations of words and definitions of words and phrases are provided in article 15, abbreviations and definitions. All provisions, terms, phrases, and expressions contained in this UDC shall be construed in order that the true intent and meaning of the mayor and city council may be fully carried out.

1.2.2. Computation of time. The time within which an action is to be accomplished shall be computed by excluding the first and including the last day. The following time-related words shall have the meanings ascribed below.

A.

Day means a calendar day unless working or business day is specified.

B.

Week means seven calendar days.

C.

Month means calendar month.

D.

Year means a calendar year, unless otherwise indicated.

1.2.3. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

A.

And indicates that all connected items, conditions, provisions, or events shall apply;

B.

Or indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination.

1.2.4. Nontechnical and technical words. Words and phrases, except as specifically defined in this UDC, shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning, or as defined in the Illustrated Book of Development Definitions (2017, Routledge), as amended.

1.2.5. Numbers. A word indicating the singular number may be extended and applied to include the plural. The use of the plural number shall be deemed to include the singular unless the context clearly indicates the contrary.

1.2.6. Public officials, bodies, agencies. All public officials, bodies, and agencies to which reference is made are those of the City of Social Circle, or third-party service providers hired by the City of Social Circle, unless otherwise indicated.

1.2.7. Shall and may. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

1.2.8. Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary.

1.2.9. Text. In case of any difference of meaning or implication between the text of this UDC and any figure or graphic, the text shall control.

1.2.10. Word usage.

A.

Building includes the word "structure," except where otherwise specified by this UDC.

B.

City means the City of Social Circle, Georgia.

C.

City-initiated means an action brought forward by the mayor and city council, community development director, city manager, or other authorized city official.

D.

County means Walton County, Georgia and Newton County, Georgia, except where otherwise specified.

E.

Lot includes the words "plot," "parcel," "tract," or "property."

F.

Used or occupied as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

G.

Written means any representation of words, letters, or figures, whether by printing or other form or method of writing.

H.

Person includes the words "entity," "partnership," "corporation," or "firm."

I.

District means any base, overlay, or special purpose zoning district.

J.

Where this UDC specifies a defined term that includes the phrase, "any similar use," such interpretation shall be made by the community development director.

K.

Time certain means a definite time for a certain activity, for example, a public hearing.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

1.3.1. Purpose. The purpose of this section shall be to establish the procedures for handling vested rights for application submittals and previous approvals that existed as of the effective date of this UDC or any future amendments thereto.

1.3.2. Effect of this ordinance on zoning applications submitted and approved requests.

A.

Applications submitted. Any activity for which a valid and complete zoning application authorized by this ordinance has been received prior to the adoption of this ordinance, may at the applicant's option proceed to completion of the zoning application. Complete shall mean that all information required by the particular application has been provided and that all applicable fees have been remitted.

B.

Approved zoning applications. Any development or project for which a zoning application has been approved under this provision may proceed to completion of the applicable permitting processes as provided herein, at the applicant's option.

1.3.3. Effect of this ordinance on permit applications submitted and prior approvals.

A.

Applications submitted. Any 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 ordinance may, at the applicant's option, proceed to completion, and building permits, occupational tax certificates, and business licenses may be issued as though this ordinance had not been adopted, provided that the land disturbance permit or building permit is issued within 180 calendar days of the effective date. Complete shall mean that all information required by the particular application has been provided and that all applicable fees have been remitted.

B.

Approved plans, permits and other authorizations. Any development or building activity for which a land disturbance permit or building permit has been issued prior to the adoption of this ordinance may, at the applicant's option, proceed to completion, and permits may be issued as though the ordinance had not been adopted.

C.

Effect upon validity of development plans and building permits. The adoption of this ordinance shall not be construed to affect the validity of any permit lawfully issued prior to the effective date of this ordinance, so long as:

1.

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

2.

Actual building or land development construction is commenced prior to the expiration of such permit;

3.

Actual building or land development construction is carried on pursuant to said permit and limited to an in strict accordance with said permit; and

4.

Any future change in the use of the property or any structure thereon shall conform with the most recent version of this UDC.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

1.4.1. Official zoning map.

A.

The boundaries of the zoning districts are established and shown on the "Official Zoning District Map of the City of Social Circle" and may be cited and referred to as the "zoning map."

B.

All notations, references and other information shown shall have the same force and effect as if fully set forth or described in this UDC.

C.

The official zoning map may be amended by adoption of ordinances that rezone property as provided in section 13.5, rezoning or as amended by the text of this ordinance as provided in section 13.6, zoning text amendment.

D.

The zoning map for the city shall be incorporated into and made a part of this UDC.

1.4.2. Maintenance and updates.

A.

The community development director shall be responsible for directing revisions to the official zoning map to reflect its amendment as soon as practicable after the effective date the zoning map amendment was adopted pursuant to this ordinance. This is not intended to require the zoning map to be updated after each amendment.

B.

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 ordinance. Any unauthorized change of any kind by any person or persons shall be considered a violation of the 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.

C.

The latest adopted version of the official zoning map shall be available for inspection in the offices of the city during 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.

1.4.3. Omitted land. It is the intent of this UDC that the entire area of the city including all waterways, roadways, railroads, and other public rights-of-way, be included in the districts established by this UDC. Any area not shown on the official zoning map as being included in any such district shall be tentatively classified in the conservation district, until such time that the community development director takes the property before the mayor and city council through the formal rezoning process.

1.4.4. Overlay districts. The boundaries of the overlay districts referenced and identified in article 5 are incorporated and made a part of the official zoning map of Social Circle.

1.4.5. Rules of interpretation.

A.

If any uncertainty exists with respect to the intended boundaries as shown on the zoning map, the community development director is authorized to interpret the zoning map.

B.

Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following shall 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 divides a lot, each portion shall be governed by the zoning district that each portion is classified.

3.

Where designation of a boundary line of the zoning map coincides with the location of a roadway, lane/alley, waterway or right-of-way, the center of the roadway, lane, waterway, or right-of-way shall be construed to be the boundary of such district.

4.

Where the boundaries do not coincide with the location of roadways, lanes, waterways, or rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

C.

When it is alleged that there is an error of interpretation by the community development director, the applicant may appeal the decision as set forth in section 13.11, appeals.

1.4.6. Split-zoned lots.

A.

Establishment of split-zoned lots is 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.

B.

Existing split-zoned properties. If an existing parcel of land is already split into two or more zoning districts, each such portion of the split-zoned parcel shall 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.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)