See Title 5, Chapter 1, Section 5-1005. — Violation of chapter in the City Code of Ordinances.

This Article provides for the adoption of the Zoning Ordinance, sets out its purpose and intent, describes the lands and development to which the Ordinance applies, shelters approved permits from changes in the regulations, provides for the continuation of preexisting uses, structures, lots and signs that are not in conformity with the provisions of this Ordinance, and sets out the structure for administering the Ordinance.

This Ordinance, as it may be amended from time to time, shall be formally known and referred to as the "City of South Fulton Zoning Ordinance" or, for brevity, "The Zoning Ordinance" or "this Ordinance."

The Zoning Ordinance is adopted pursuant to the authority conferred by the Constitution of the State of Georgia and applicable state laws.

Under the authority and for the purposes stated herein, the City Council of South Fulton does hereby enact as law the articles and sections contained in this Ordinance.

This Zoning Ordinance and the official zoning map of the City on file and maintained in the Department of Community Development and Regulatory Affairs shall together constitute the Zoning Ordinance of the City of South Fulton, Georgia.

(a)

In accordance with Section 5-1011. - Conflict with other laws in the City Code of Ordinances, where there is conflict between the regulations of this Ordinance and those in any other regulation, the more restrictive regulation shall govern. In addition, this ordinance shall abrogate any other regulations previously adopted or issued that are in conflict with any of the provisions of this Ordinance relating to the use of buildings or land in conflict with this Ordinance.

(b)

The Zoning Ordinance shall not annul any easements, covenants or other agreements between parties; provided, however, that whenever this Ordinance imposes a greater restriction upon the use of buildings or land than are imposed by such easements, covenants or agreements, the provisions of the Zoning Ordinance shall control.

(c)

In no case shall the City of South Fulton be required to enforce private easements, covenants, or other private agreements or legal relationships, whether they are more restrictive than the requirements of the Zoning Ordinance or they apply a standard that is not addressed in this Ordinance.

(d)

All ordinances and parts of ordinances of the City of South Fulton, Georgia, heretofore adopted that are in conflict with this Zoning Ordinance, other than ordinances approving the rezoning of land or approving use permits and special uses, are hereby repealed to the extent of such conflict.

Should any article, section, subsection or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Zoning Ordinance as a whole or any part thereof other than the part so declared to be invalid.

The Zoning Ordinance shall take effect and be in force from and after December 8, 2020. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

This Ordinance is entered for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the city; for facilitating the development of the city in harmony with the comprehensive plan of the city; and, for other purposes described in Section5-1006. - Grant of power in the City Code of Ordinances.

The City of South Fulton Comprehensive Plan is intended for the following purposes, among others:

(a)

To guide and direct growth and development in the city;

(b)

To protect, preserve and enhance the city's historic, natural, economic and social resources;

(c)

To identify current land uses in order to assist the City in making budgetary, utility and other resource allocations;

(d)

To enable the City to predict future land uses for planning purposes;

(e)

To assist the City in fulfilling its statutory and other legal obligations; and

(f)

To provide a public document that will serve as a means of general information on land use and development for the citizens of South Fulton and other interested parties.

This Ordinance shall apply to every lot, parcel, property, use and structure in South Fulton except as excluded in the Nonconformities Section (Section 105) of this Article.

This Ordinance shall govern the development of land and shall apply to the buildings, structures, and uses on all lands within the incorporated City of South Fulton.

(a)

This Ordinance shall apply to all subject matter that is regulated both by this and other codes and ordinances including, but not limited to, ordinances for the development and maintenance of land, and such other ordinances are hereby amended to reflect this. The City Council may attach statements to such other ordinances to the effect that compliance with this Zoning Ordinance is required by such other ordinances.

(b)

Compliance with this Ordinance shall not substitute for compliance with federal and state laws nor for other South Fulton ordinances and Ordinances.

(a)

All buildings and structures erected hereafter, all uses of land, buildings or structures established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this Zoning Ordinance which are applicable to the zoning district and, if applicable, the overlay district in which such buildings, structures, uses or land are located.

(b)

Existing buildings, structures and uses that comply with the regulations of this Zoning Ordinance shall likewise be subject to all regulations of this Ordinance. Existing buildings, structures and uses that do not comply with the regulations of this Ordinance shall be authorized to continue subject to the provisions of Section 105 — Nonconformities.

(c)

All subdivisions, planned unit developments and land development projects proposed for approval and permitting hereafter shall be subject to all regulations of this Zoning Ordinance.

(a)

Government properties. The provisions herein shall not apply to properties and structures owned, operated and/or leased for use by South Fulton for public purposes. The use of said property for a nonconforming use does not establish a precedent for other nonpublic (governmental) uses. Should the public use cease to exist, the provisions herein shall apply.

(b)

Permits in effect. Nothing herein shall require any change in the plans, construction, size or designated use of any land, building, structure or part thereof for which a building permit or land disturbance permit was issued prior to the effective date of this Ordinance or amendment thereto.

(c)

Previously submitted applications. Any valid and complete application accepted by the City prior to adoption of the Zoning Ordinance for the use of land shall be processed and issued under the applicable City regulations in effect prior to adoption of this Ordinance.

(d)

Conditions of approval. Nothing herein shall be construed as repealing or modifying the conditions of approval associated with any zoning, use permit, special use, or variance approved prior to the effective date of this Ordinance.

(e)

Effect of ordinance on exempt properties. To the extent that exemption under this Article results in nonconformity with the provisions of this Ordinance, such properties shall be governed by the requirements of Section 105 below.

No building or structure; and no use of any building, structure, land, or property; and no lot of record, now or hereafter existing, shall hereafter be established, constructed, expanded, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this Zoning Ordinance.

Within the zoning districts established by this Ordinance there may exist lots, structures, uses of both land and structures, and signs which were lawful before this Ordinance was adopted or subsequently amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance as adopted or subsequently amended. Nonconforming lots, uses, structures and signs may continue in their nonconforming status with the following limitations and/or requirements.

(a)

A single, lawful lot-of-record which does not meet the requirements of this Ordinance for area or dimensions, or both, may be used for the buildings and accessory buildings necessary to carry out permitted uses subject to the following provisions:

(1)

Parking space requirements as provided for in Article VI are met; and

(2)

Such lot does not adjoin another vacant lot(s) or portion of a lot in the same ownership.

(b)

If two or more adjoining lots or portions of lots in single ownership do not meet the requirements established for lot width, frontage or area, the property involved shall be treated as one lot, and no portion of said lot shall be used or sold in a manner which diminishes compliance with this Ordinance. This paragraph shall not apply to nonconforming lots when 50% or more of adjoining lots on the same street are the same size or smaller.

When a use of land is nonconforming pursuant to the provisions of this Ordinance, such use may continue as long as it remains otherwise lawful and complies with the following provisions:

(a)

No nonconforming use shall be enlarged, increased or extended, either on the same or adjoining property;

(b)

No nonconforming use shall be moved, in whole or in part, to any other portion of the lot not occupied by such use at the time the use became nonconforming or to an adjoining property;

(c)

If any nonconforming use of land ceases for a period of more than six months, any subsequent use of such land shall comply with this Ordinance; and

(d)

No nonconforming use shall be changed to another nonconforming use.

If a lawful use of a structure, or of a structure and lot in combination, exists at the effective date of adoption of this Ordinance or its subsequent amendment that would not be allowed under provisions of this Ordinance as adopted or amended, the use may be continued so long as it complies with other regulations, subject to the following conditions:

(a)

No existing structure devoted to a use not allowed by this Ordinance shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to an allowed use;

(b)

Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the time the use became nonconforming, but no such use shall be extended to occupy any land outside such building;

(c)

If no structural alterations are made, any nonconforming use of a structure or structure and land may be changed to another nonconforming use of the same or more restrictive nature;

(d)

When a nonconforming use of a structure, or of a structure and land in combination, is replaced with a conforming use, such structure or land may not later revert to a nonconforming use;

(e)

When a nonconforming use of a structure, or of a structure and land in combination, is discontinued or abandoned for 6 months, the structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located; and

(f)

A nonconforming use of a structure and/or a nonconforming use of land shall not be extended or enlarged by attachment, to a building or land, of additional signs which can be seen from off the land, or by the addition of other uses of a nature which would be generally prohibited in the zoning district.

When a structure exists on the effective date of adoption of this Ordinance or its amendments that could not be built under the terms of this Ordinance because of restrictions on building area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may remain as long as it complies with all other zoning regulations, subject to the following conditions:

(a)

No structure may be enlarged or altered in a way which increases its nonconformity, with the exception that the structure may be repaired to the extent necessary to maintain it in a safe and sanitary condition upon order of the Director of Community Development and Regulatory Affairs;

(b)

Destruction, by any means, of more than 50 percent of the gross square footage of a structure shall require that the structure be reconstructed in conformity with the provisions of this Ordinance; and

(c)

Any structure which is moved, for any reason and for any distance whatever, shall conform to the regulations for the zoning district in which it is located.

The following provisions are intended to restrict the continued existence of abandoned or nonconforming signs unless in compliance with the terms of this Section and to eliminate, over time, all nonconforming signs.

(a)

Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on principal nonconforming signs shall be permitted. All nonconforming signs shall be maintained in good repair.

(b)

Repairs; material change. Minor repairs and maintenance of nonconforming signs shall be permitted, provided, however, that no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this Ordinance. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of the sign owner of sign then such sign may be repaired without regard to the restrictions of this paragraph.

(c)

Grandfathering.

(1)

Nonconforming principal signs may stay in place until one of the following conditions occurs:

a.

There exists an abandoned sign, as defined in this Ordinance for a period of more than 30 days;

b.

The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or

c.

The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this Ordinance. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of sign then such sign may be repaired without regard to the restrictions of this paragraph.

(2)

Nonconforming temporary signs are prohibited and shall not stay in place nor be conferred "grandfathered" status.

When a property containing lawful structures is rezoned, the following shall apply:

(a)

The approval of the rezoning by the City Council shall automatically adjust minimum and/or maximum yards to the extent necessary for existing structures to comply;

(b)

All new construction, expansions or additions shall comply with the minimum yard requirements of the new district; and

(c)

Buffers and landscape areas shall be established by conditions of zoning which shall have precedence over the district standards contained in Article 4.

(a)

Whenever a lot becomes nonconforming as a result of land acquisition by the City or state, building permits shall be granted for new construction provided the proposed structure complies with all but lot area requirements, and setback requirements shall be reduced without requirement for a variance to the extent of the width of the acquired property.

(b)

Whenever a structure becomes nonconforming as a result of City or state action other than an amendment to this Ordinance, the use of the structure may continue and the structure may be replaced as though no nonconformity exists if, subsequent to such action, the structure is destroyed.

This section identifies the appointed individuals and entities responsible for the administration of the Zoning Ordinance.

(a)

Community Development and Regulatory Affairs (CDRA) Director.

(1)

It shall be the duty of the CDRA Director who is hereby given the authority to administer the provisions of this Zoning Ordinance.

(2)

The CDRA Director may, in his or her discretion and administrative authority, delegate duties and responsibilities to designated employees of the Community Development and Regulatory Affairs Department as needed and appropriate for the administration and enforcement of the Zoning Ordinance.

(b)

Planning Commission. See Title 5, Chapter 5 — Planning Commission in the City Code of Ordinances.

(c)

Zoning Board of Appeals. See Title 5, Chapter 6 — Appeals in the City Code of Ordinances.

The Community Development and Regulatory Affairs (CDRA) Director shall interpret the provisions to this Ordinance and may utilize opinions of the City attorney and others in arriving at interpretations. Appeals from an interpretation of the CDRA Director shall be in accordance with the provisions of Article 8.

See Title 5, Chapter 1, Section 5-1010. — Enforcement of this chapter and remedies in the City Code of Ordinances.