These development regulations shall be known as the "Unified Development Code of the City of Stockbridge, Georgia," and may be referred to herein as the "unified development code," the "zoning ordinance," "zoning code," or the "UDC."

The UDC is enacted pursuant to the requirements and authority granted by the Constitution and laws of the State of Georgia; in particular, the "Zoning Procedures Law" of the State of Georgia.

The regulations, standards, criteria, and procedures that are set forth in this UDC shall govern the design, development, and use of all land within the corporate limits of the City of Stockbridge, Georgia.

The following situations are exempt from the requirements of the UDC:

A.

Buildings or structures that are legally under construction on the effective date of the UDC.

B.

Buildings or structures for which a building permit has been issued as of the effective date of this UDC, provided that construction commences prior to the expiration of the building permit and construction continues in a diligent manner until it is completed.

C.

A project whose development plan or subdivision plat was approved prior to the effective date of this UDC, and which commences no later than one (1) year after the effective date of this UDC.

D.

The proposed or actual use of property which was lawfully approved as of the effective date of this UDC.

E.

Applications for building permits, development permits, and zoning requests which were legally submitted, with a completed application and fees paid prior to the adoption of this UDC, shall not be required to meet the requirements of the adopted UDC, but shall meet the requirements of adopted ordinances at the time of application.

F.

Zoning requests that were denied, but for which the applicant has filed an appeal to mayor and city council as of the effective date of the UDC.

The purpose and intent of the unified development code is to accomplish the following:

A.

Promote the health, safety, aesthetics, convenience, order, prosperity, and general welfare of the present and future residents of the City of Stockbridge;

B.

Minimize congestion on public streets;

C.

Advance traffic safety;

D.

Secure safety from fire, flood, and other dangers;

E.

Provide adequate light and air;

F.

Prevent the overcrowding of land, avoiding both undue concentration of population and urban sprawl;

G.

Facilitate the adequate provision of transportation, water, sewage collection, schools, parks, and other public requirements;

H.

Protect property against blight and depreciation;

I.

Encourage the most appropriate and best use of land, buildings, and other structures throughout the city;

J.

Ensure economy in government expenditures for infrastructure; and

K.

Preserve natural resources.

The City of Stockbridge comprehensive plan, as is updated from time to time according to State requirements, is the official development policy and implementation guide for the city. Its purpose is to coordinate and direct physical and economic development, as well as related public investment, and to provide reasonable regulations for the development of private property in the interest of public health, safety, and welfare. The unified development code is designed to implement all provisions of the comprehensive plan for the development and use of land.

The community development director has been designated by the City of Stockbridge as the official who is charged with the administration of this UDC. The director may, therefore, establish such rules and procedures as may be necessary, including, but not limited to, administrative procedures for the filing of applications for the amendment of the official zoning map of the City of Stockbridge. These applications may include zoning requests, variances, and other applications as may be submitted for development approval. The director is hereby authorized to interpret the provisions of this UDC whenever it is warranted and appropriate.

A.

The official zoning map shall be adopted by resolution of the mayor and city council, which directs the identification of the official zoning map by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map of the City of Stockbridge, Georgia," together with the date of adoption.

B.

The official zoning map of the City of Stockbridge, Georgia, together with all explanatory notes thereon, is hereby adopted by reference and declared part of this UDC.

C.

If changes are made to district boundaries or other matter portrayed on the official zoning map in accordance with the procedural requirements set forth in Chapters 7 and 8 of the UDC regarding amendments to the official zoning map, such changes shall be entered on the official zoning map annually after the amendment has been approved by the mayor and city council recorded as an entry in the minutes of such city council meeting as follows: "On __________, 20___ by official action of the Mayor and City Council, the following (change) changes (was) were made to the official zoning map: (brief description of nature of change or changes)." Such map entries shall be signed by the mayor and attested by the city clerk.

D.

The official zoning map which is located in the office of the director shall be the final authority as to the current zoning status of any parcel of land in the city.

E.

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the mayor and city council may, by ordinance, adopt a new official zoning map, which shall supersede the prior official zoning map.

F.

The new official zoning map may be corrected to remedy drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map.

G.

The official zoning map shall be re-adopted by the mayor and city council as needed.

H.

This new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on __________, 20___ as part of the Unified Development Code."

I.

Unless the previous official zoning map has been lost, or has been destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment.

J.

If official zoning records are in conflict with the official zoning map and reveal drafting or other errors, such records shall be used to amend the official zoning map administratively. Further, notification of such errors shall be made to the mayor and city council for certification and re-adoption.

The functional road plan, adopted in the comprehensive plan, describing the functional classifications and associated right-of-way requirements, is hereby adopted by reference and declared part of this unified development code. This plan provides information to guide the City of Stockbridge in requiring dedication or preservation of land for rights-of-way for future streets.

The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a part of this unified development code. The GSMM specifies the channel protection, flood control requirements and design standards necessary to control stormwater runoff and protect water quality.

Legislation for the creation of the Metropolitan North Georgia Water Planning District was enacted to develop regional- and watershed-specific plans for a sixteen-county area of Georgia. The City of Stockbridge is located within the water supply area, and it is a member of the Metropolitan North Georgia Water Planning District; thus, its enabling legislation also requires that all provisions that are established by the district, as may be amended from time to time, be implemented by the local governments.

The City of Stockbridge is required to adhere to the floodplain management standards which are referenced in Paragraph 60.3(d) (44 CFR 59), based on its participation in the National Flood Insurance Program (NFIP). The adopted flood insurance study (FIS), with its accompanying maps and other supporting data (as well as any revisions thereto, as may be amended from time to time), are hereby adopted by reference and shall be the final authority concerning base flood elevations (BFE) for the City of Stockbridge, if they are available.

Each building and construction code that is listed in subsections 1.7.6.A. through O., as has been approved by the State of Georgia, including any attachments, future editions, and amendments as may be approved by mayor and city council, are hereby adopted by reference as if it were set forth here in its entirety.

A.

International Building Code (ICC).

B.

National Electric Code, as is published by the National Fire Protection Association (NFPA).

C.

International Fuel Gas Code (ICC).

D.

International Mechanical Code (ICC).

E.

International Plumbing Code (ICC).

F.

International Residential Code for One- and Two-Family Dwellings (ICC).

G.

International Energy Conservation Code (ICC).

H.

International Fire Code (ICC).

I.

International Property Maintenance Code (ICC).

J.

Standard Amusement Device Code (SBCCI/ICC).

K.

Excavation and Grading Code (SBCCI/ICC).

L.

International Existing Buildings Code (ICC).

M.

Standard Swimming Pool Code (SBCCI/ICC).

N.

Standard Unsafe Building Abatement Code (SBCCI/ICC).

O.

The Code for Safety of Life from Fire in Buildings and Structures, as is contained in the National Fire Prevention Association Publication 101 (NFPA).

All safety and health regulations that are promulgated by OSHA with regard to excavating and trenching operations, particularly Part 1926, Subpart P, "Excavation, Trenching, and Shoring" in Sections 1926.650, 1926.651, and 1926.652 of the Code of Federal Regulations, which now exists or may hereafter be amended, are hereby adopted as part of this unified development code as if they were quoted verbatim here.

A.

The following rules of interpretation shall apply to the administration of the unified development code:

1.

Where any conflict in the administration of the unified development code between the text of the unified development code and any caption, illustration, or graphic presentation exists, the text of the unified development code shall control.

2.

All statements that refer to "section" shall mean sections of this unified development code, unless the statement clearly provides a reference to another document.

3.

More specific provisions of this unified development code shall be followed in lieu of more general provisions.

4.

Where more than one (1) standard on the same subject is applied to the design and development of land, the stricter standard shall apply.

5.

In interpreting and applying the provisions of this unified development code, the provisions shall be the minimum requirements for the promotion of health, safety, aesthetics, and welfare of the public.

It is the intent of this unified development code that the entire area of the city, including all land, water areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this unified development code. If uncertainty exists with respect to the location of the boundaries of any zoning district in the city, the following rules shall apply:

A.

District boundaries indicated as approximately following the centerlines of streets or highways shall be construed as following the indicated centerlines.

B.

District boundaries indicated as approximately following street or highway right-of-way lines shall be construed as following the street or highway right-of-way lines.

C.

District boundaries indicated as approximately following lot or property lines shall be construed to follow such lot or property lines.

D.

District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or railroads or rights-of-way of same, shall be construed as being parallel thereto and at such distance as indicated on the official zoning map. If no distance or legal description is given, the dimension shall be determined by the use of the scale shown on the official zoning map.

E.

Where a district boundary line divides a lot that is in single ownership upon the effective date of this unified development code, the district requirements for each portion of such lot shall be deemed to apply.

F.

In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning district boundary paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot.

G.

Where zoning district boundaries are in doubt, the director shall make such interpretation using the appropriate scale from the official zoning map.

A.

Words that are used in the present tense shall include the future tense.

B.

Words that are used in the singular number shall include the plural number, and words that are used in the plural number shall include the singular number.

C.

A word denoting the masculine gender shall extend and be applied to female persons; and to firms, partnerships, and corporations as well as to male persons.

D.

The word "may" is always permissive and never mandatory. The word "shall" is always mandatory.

E.

The word "month" shall mean thirty (30) days.

F.

The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies, both political and corporate; as well as to individuals.

G.

The word "includes" shall not limit a term to the specified examples, but it is intended to extend its meaning to other instances or circumstances which are of like kind or character.

Except as required by State or Federal law, or as interpreted by the courts, the time within which an act shall be performed shall be computed by business days, excluding the first day and including the last day. Saturdays, Sundays and legal holidays recognized by the City of Stockbridge shall be excluded from the computation.

This unified development code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this unified development code and another ordinance conflict or overlap, whichever ordinance imposes the more stringent standard or restriction shall prevail.

If any section, paragraph, clause, phrase, or provision of this unified development code shall be adjudged to be invalid or held as being unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of remaining portions of this unified development code.

A.

Zoning districts that were established under the previous zoning ordinance of the City of Stockbridge are hereby renamed to the zoning district names and designations under this unified development code, as shown in Table 1.11. All regulations, requirements and provisions of this unified development code applicable to a zoning district established under this section shall apply to the previously named zoning district as now named, and as indicated in Chapter 2, Zoning Districts.

B.

All special conditions and stipulations imposed as conditions of rezoning of property prior to adoption of this unified development code are hereby retained and reaffirmed and shall continue in full force and effect until the property is rezoned or the prior zoning action of mayor and city council is amended through the rezoning process established by this unified development code.

Table 1.11: Conversion of Previous Zoning Districts

A.

Any application for a building permit or land disturbance permit that has been filed with the community development department, and is full and complete, prior to the effective date of this unified development code, shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and penalties shall follow those which are set forth by this unified development code.

B.

Any application for a zoning map amendment (a rezoning) that was filed with the community development department and is full and complete prior to the effective date of this unified development code, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district, or if the proposed zoning district no longer exists in this Code, the director shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant.

C.

Any application which is before the mayor and city council or the planning commission (i.e., a rezoning, a zoning modification, a special use, a development standards variance, or a land use amendment) that has been filed with the community development department, and is full and complete prior to the effective date of the ordinance from which this chapter is derived, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that if such application is no longer required by the terms of this Code, the application will be dismissed.

Any residential, commercial, or industrial subdivision which was platted prior to the effective date of this unified development code shall be subject to all development standards that are in place at the time of plat recording.

(Ord. No. OR24-559, 3-4-2024)