This article defines the zoning districts in the city and identifies the specific uses to which land and structures may be put in the various zoning districts, including certain uses or structures for which special approval is needed.

(Ord. No. 0-00-106, § 2, 12-4-2000)

For the purpose of this chapter, the city is divided into zoning districts designated as follows:

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, §§ 1, 2, 1-16-2001)

For the purpose of this chapter, the following overlay districts are established:

(1)

FH, flood hazard overlay district.

(2)

Environmental overlay districts.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, §§ 1, 2, 1-16-2001)

For purposes of administrative convenience only, a conversion chart showing the zoning districts and their equivalent under the previous zoning ordinance effective prior to July 6, 1999, is provided as follows:

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, §§ 1, 2, 1-16-2001)

(a)

The boundaries of the various zoning districts are shown on a map entitled "Official Zoning Map of the City of Temple, Georgia" adopted on the date of adoption of this zoning ordinance, and as amended thereafter from time to time.

(b)

The "Official Zoning Map of the City of Temple, Georgia" is adopted as the official zoning map and is hereby made a part of this zoning ordinance, and all notations, references and other information shown on it shall be a part of this zoning ordinance.

(c)

The official zoning map, as adopted by the city council and subsequently amended from time to time by its action, shall be maintained and available for inspection in the planning and zoning department. A certified copy shall be kept permanently in the city clerk's office.

(Ord. No. 0-00-106, §§ 2-4, 12-4-2000; Ord. No. 0-01-5, § 10, 1-16-2001)

The official zoning map is supplemented by an official flood hazard boundary map for the incorporated area of the city. The flood hazard boundary map as hereby adopted consists of a map depicting the 100-year floodplains and identified as the Flood Insurance Rate Map of the Corps of Engineers, Temple, Georgia, as set forth on file and available for inspection in the office of the city clerk, and data extracted from U.S. Army Corps of Engineers reports.

(1)

Purpose. The flood hazard boundary map is intended to give the general location of flood hazard areas. Hydrological studies, engineering computations, flood records, and field surveys compiled and certified by a registered professional engineer may be required.

(2)

Correction and amendment of map. As additional engineering and hydrological data including U.S. Army Corps of Engineers reports become available for specific properties or for entire streams which demonstrate to the satisfaction of the department of engineering that a more exact delineation of the flood hazard boundary lines may be established, the city engineer shall propose such corrections to amend the official flood hazard boundary map for adoption be the mayor and council.

(Ord. No. 0-00-106, §§ 2-4, 12-4-2000; Ord. No. 0-01-5, § 10, 1-16-2001)

No changes of any nature shall be made to the official zoning map except in conformity with amendments to the map approved by the city council or by the adoption of a new official zoning map.

(Ord. No. 0-00-106, §§ 2-4, 12-4-2000; Ord. No. 0-01-5, § 10, 1-16-2001)

(a)

The boundaries of the districts as shown on the official zoning map shall be determined on the basis of the legal descriptions associated with approved zoning petitions or, lacking such legal descriptions, on the basis of the location of the boundary as depicted on the official zoning map along with any dimensions shown.

(b)

Where uncertainty exists with respect to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Unless otherwise indicated, the district boundary lines are construed to follow the centerlines of streets or highways, property lines, a line lying in the center of a stream or drainageway, or the city limits.

(2)

Where a district boundary line parallels a street, highway or railroad right-of-way but no dimension is given, the distance shall be scaled from the official zoning map.

(3)

Where a district boundary line divides a lot that is of single ownership at the time of the effective date of this zoning ordinance, the zoning classification of the least restricted portion may be interpreted to extend into the remainder of the lot, except that such extension shall not include any part of a lot that lies more than 35 feet beyond the district boundary line.

(4)

In the event the exact location of a boundary cannot be determined by the methods described in subsections (b)(1) through (b)(3) of this section, the city council shall, upon application, determine the location of the boundary.

(Ord. No. 0-00-106, §§ 2-4, 12-4-2000; Ord. No. 0-01-5, § 10, 1-16-2001)

All special conditions and special stipulations imposed as conditions of rezoning of property prior to adoption of the official zoning map are hereby retained.

(Ord. No. 0-00-106, §§ 2-4, 12-4-2000; Ord. No. 0-01-5, § 10, 1-16-2001)

(a)

R-1,Single-family detached residential district. The R-1 zone is established to protect and promote the emphasizes on suburban-urban development rather than rural activities; however, it is recognized that agriculture and the raising of poultry and livestock may still be an activity in this district, and provision is, therefor, made for limited forms of such activity with appropriate safeguard for nearby residences.

(b)

R-2,Single-family detached residential district. The R-2 zone is established to protect and promote a suitable environment for family life, to discourage any use which would generate other than normal residential area traffic on minor streets, and to protect the orderly future development of land in accordance with the land use plan for the city, at a density of not more than two units per acre.

(c)

R-4,Single-family detached residential district. The R-4 zone is established to protect and promote a suitable environment for family life, to discourage any use which would generate other than residential traffic on minor streets, to met the needs and demands of single-family residences and to protect the orderly future development of land, all in accordance with the land use plan for the city, at a density of not more than four units per acre. A minimum development site size of five acres. All R-4 subdivisions are required to have a minimum of 20 percent greenspace, to be maintained by the homeowners association.

(d)

R-6, Single-family detached and attached, townhouse and multifamily residential district. The R-6 zone is established to protect and promote a suitable environment for family life and to encourage flexibility in meeting the needs of families, by permitting townhouse and multifamily dwellings in accordance with the land use plan for the city at a density of no more than six units per acre and development sites of at least one-half acres.

(e)

DCD,Design concept development district. The purpose of a design concept development is to encourage the best possible site plans and building arrangements under a unified plan of development, rather than under lot-by-lot regulation. The developer benefits from better land utilization, economy in the provision of roads and utilities and flexibility in design. Approval of an overall concept plan by the city council provides an opportunity to ensure that the development will be in accordance with the land use plan and the character of the neighborhood in which the development is located. The design concept development district is intended to encourage ingenuity and resourcefulness in land planning, to ensure the provision of park and recreation land and facilities for the use of the occupants of the development in order to obtain a more desirable environment, and to encourage a mix of land use for creation of communities where individuals can live, work and play. A design concept development district is required to include at least two types of land use (unless waived by planning and zoning commission, mayor, and city council) that are not otherwise allowed together in another zoning district, or at least two types of residential density, in order to promote unique solutions to land development issues. A design concept development district is intended to be a relatively large-scale project on a site of 50 acres or more. DCD developments are required to have a minimum of 20 percent greenspace with developed amenities, maintained by the homeowners association.

(f)

O-I,Office-institutional district. The O-I office-institutional district is established to provide a district for offices, institutions, and limited commercial activities not involving the sale, storage, or processing of merchandise unless otherwise permitted herein, along with appropriate accessory uses, in accordance with the land use plan for the city.

(g)

CN,Neighborhood commercial district. The CN neighborhood commercial district is intended to provide suitable areas for the retailing of goods and services to surrounding residential neighborhoods and at the same time protect the residential neighborhoods from intrusive traffic and parking congestion in accordance with the land use plan for the city.

(h)

CBD,Central business district. The CBD central business district is intended to protect and promote a suitable area for office, institutional, and commercial uses, which benefit from proximity to each other, to encourage the eventual elimination of uses inappropriate to a central business area, and to encourage the intensive development of a central business district for the city, in accordance with the land use plan for the city. Residential uses are appropriate in the central business district when combined with nonresidential uses in mixed-use buildings, as long as the nonresidential uses occupy at least 50 percent of the gross floor area.

(i)

CSC,Shopping center district. The CSC shopping center district is a district for planned shopping centers designed to accommodate general retail and personal service activities conducted in a unified development and designed to serve a wide area.

(j)

CG,General commercial district. The CG general commercial district is intended to provide areas for those business and commercial uses that are a higher intensity than neighborhood commercial districts or for the central business district, in accordance with the land use plan for the city.

(k)

IL,Light industrial district. The IL light industrial district is established to protect and promote a suitable environment for light industrial purposes, including accessibility to major transportation facilities, availability of adequate utilities and other public services, and availability of large quantities of suitable land. Uses compatible with light industrial development are to be encouraged insofar as they are in accordance with the land use plan for the city.

(l)

IH,Heavy industrial district. The IH heavy industrial district is established to protect and promote a suitable environment for heavy industrial purposes, including accessibility to major transportation facilities, availability of adequate utilities and other public services and availability of large quantities of open land. Uses compatible with light and heavy industrial development are to be encouraged insofar as they are in accordance with the land use plan for the city.

(m)

FH,Flood hazard overlay district. The flood hazard overlay district is comprised of lands that are subject to periodic flooding. The intent of the regulations within this zoning district is to limit the use of such floodplain lands to prevent flood damage to persons and properties and minimize expenditures for flood relief programs, flood control projects and flood damage repair; preserve drainage courses that will be adequate to carry storm water runoff from existing and future land developments; prohibit landfills or other obstructions to the flow of floodwaters; permit uses that are appropriate on floodplains and utilize effectively this valuable resource.

(n)

Environmental overlay districts. Environmental districts are established for the following purposes:

(1)

To promote health, safety and general welfare, and to minimize public and private losses due to erosion, siltation and water pollution;

(2)

To create vegetation buffer areas adjacent to rivers, creeks and streams; and

(3)

To protect wetlands and groundwater recharge areas.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, § 3, 1-16-2001; Ord. No. 0-01-58, § 1, 8-20-2001; Ord. No. 0-01-59, § 1, 8-20-2001)

(a)

Permitted uses. Principal uses permitted by right and permitted only by special use approval in each zoning district are shown in the table in section 38-74(b). Accessory uses allowed in conjunction with a principal use are shown in the table in section 38-75(c).

(b)

Restrictions on particular uses. Requirements that apply to specific uses are listed in article III, restrictions on particular uses, of this zoning ordinance. For convenience, those uses are cross referenced in the table in section 38-74(b).

(c)

Restrictions imposed by overlay districts. The uses otherwise permitted by the applicable zoning district in a specific property or portion of a property are restricted if the land lies within an overlay district. See provisions for the FH flood hazard overlay district and the environmental overlay districts in article III, restrictions on particular uses, of this zoning ordinance.

(d)

Uses permitted in a design concept development. In a DCD design concept development district, uses that are permitted are specified as part of the zoning approval for each development. Refer also to the special provisions for DCDs in article III, restrictions on particular uses, of this zoning ordinance.

(e)

Prohibited uses. Any use not shown on the tables in sections 38-74(b) and 38-75(c) as permitted in a zoning district is specifically prohibited. In addition, uses that are specifically prohibited in all zoning districts are listed in article III, restrictions on particular uses, of this zoning ordinance.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, § 4-6, 1-16-2001)

(a)

Prinicipal uses permitted. The following uses are allowed by right or by special use approval in the zoning districts noted. See also the provisions for restrictions on particular uses in article III of this zoning ordinance for restrictions that may apply to specific uses in general or in specific zoning districts, as well as restrictions imposed by the FH or environmental overlay districts.

(b)

Principal uses table.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, § 4-6, 1-16-2001)

(a)

Accessory uses. The uses listed in the table in subsection (c) of this section are allowed as accessory uses that are normally incidental to an existing principal use on a property in the zoning districts noted. See also the provisions for restrictions on particular uses in article III of this zoning ordinance for restrictions that may apply to specific uses in general or in specific zoning districts, as well as restrictions imposed by the FH or environmental overlay districts.

(b)

Special uses and temporary uses. Principal uses that are permitted as special uses may be granted by the city council as temporary uses and limited in duration to 12 months, after which time any temporary use permit shall expire unless renewed sooner by the city council. Requests for temporary use permits shall be processed and heard in the same manner as requests for special use permits.

(c)

Accessory uses table.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-5, § 4-6, 1-16-2001)