A.

This ordinance is enacted pursuant to the authority granted by O.C.G.A. § 36-67, the "Zoning Procedures Law" as it exists now and may be amended in the future

B.

This Appendix shall be known and cited as the "Zoning Ordinance of the City of Winder, Georgia" ("Zoning Ordinance").

The City of Winder first enacted a zoning ordinance in 1989. After a number of subsequent amendments, a comprehensive update was undertaken in 2023 and 2024. This Zoning Ordinance was adopted on June 4, 2024, and became effective upon adoption by City council.

The purpose of this ordinance shall be to:

A.

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

B.

Improve the City's appearance;

C.

Further traffic safety through proper transportation management;

D.

Improve the general safety of pedestrians and bicyclists;

E.

Conserve the environmental and natural elements of the City;

F.

Secure safety from fire, panic, natural and manmade disasters, and other dangers;

G.

Provide adequate light and air;

H.

Prevent the inappropriate overcrowding of land;

I.

Avoid unmanaged concentrations of population and unmanaged growth or the effects of sprawl;

J.

Facilitate the adequate provision of transportation, water, sewer, parks, fire, police, and other public facilities necessary to promote the health and education of the City's citizens;

K.

Sustain the stability of neighborhoods;

L.

Protect property against blight and depreciation;

M.

Secure economy in governmental expenditures;

N.

Conserve the value of buildings;

O.

Encourage the most appropriate use of land, buildings, and structures; and

P.

Promote the orderly, efficient, and integrated development of the City.

If any article, section, paragraph, clause, sentence, or provision of this Zoning Ordinance is adjudged by any court of competent jurisdiction to be unconstitutional or invalid, that judgment does not affect, impair, invalidate, or nullify the remainder of this Zoning Ordinance. The effect of the judgment is confined to the article, section, paragraph, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.

The City is hereby divided into the following zoning districts, as shown on the Official Zoning Map:

The following districts are referred to as legacy districts. The Official Zoning Map may continue to show these districts designated under the former Zoning Ordinance, but no new legacy district may be added to the Official Zoning Map, nor may any boundary of an existing legacy district be expanded.

A.

The Official Zoning Map for the City of Winder is incorporated and made part of this Appendix.

B.

The boundaries of each zoning district are as shown on the Official Zoning Map. The original Official Zoning Map is kept in the office of the City of Winder Planning Department and must indicate the date of the adoption and most recent amendment. The Official Zoning Map may be kept electronically in a Geographic Information System. Any copy of the Official Zoning Map published on the internet or otherwise portrayed electronically does not constitute the original Official Zoning Map. The Planning Department may make paper copies of the Official Zoning Map available for a fee.

C.

If, in accordance with the provisions of this Zoning Ordinance, changes are made in zoning district boundaries and/or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map within five business days after the amendment has been approved by City Council. Such changes, including a full list of conditions of zoning adopted, shall be recorded in the minutes of the Council meeting in which the changes are adopted.

D.

No changes or alterations of any nature shall be made to the Official Zoning Map except in conformity with the procedures set forth in this Zoning Ordinance.

E.

The Council, at any time or when deemed necessary or appropriate, may adopt a new zoning map, which shall supersede the prior Official Zoning Map. A final zoning action by City Council shall be deemed an update to the Official Zoning Map.

F.

All properties annexed into the City of Winder shall be rezoned from the zoning district of Barrow County or the prior jurisdiction to a City zoning district by the City Council following procedures established under O.C.G.A. § 36-66-4(d).

G.

In all rezoning of properties, the proposed zoning district and use shall be consistent with the Comprehensive Plan.

Where uncertainty exists with respect to the boundaries of any zoning district, the following rules shall apply:

A.

Unless otherwise indicated, zoning district boundaries shall be construed as following the centerlines of streets, railroad rights-of-way, utility lines, streams, or extensions of such lines.

B.

Where a block is divided into multiple zoning districts, the zoning district boundary shall be construed as following the appropriate lot line.

C.

Where zoning district boundaries are shown as approximately following the City limits, the zoning district boundary shall be construed as following with City limit line.

D.

Where zoning district boundaries are shown as approximately parallel to the centerlines of streets or roads, the zoning district boundary shall be construed as being parallel to said centerline.

Any person who violates or fails to comply with the requirements of this Zoning Ordinance may be punished with a fine of not more than $1,000.00. Each day the violation continues shall be considered a separate offense.

A complete schedule of fees for rezoning applications, appeals, variances, conditional use permits, home occupation permits, and sign permits, shall be maintained in the office of the Planning Department. The City Council may establish these fees from time to time.

A.

General lot provisions: Except as hereinafter provided, no building or structure shall be erected on a lot unless such lot conforms with the area regulations of the zoning district in which it is located.

B.

Every new building constructed after the effective date of this ordinance shall be located on a lot of record.

C.

In their interpretation and application, the provisions of this chapter shall be considered minimum requirements for the promotion of the public health, safety, morals and general welfare, as set forth in section 1-3 hereof establishing the purpose of this chapter. Within each zoning district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land, except as may be altered through conditions of zoning applied to specific properties or variances as provided for in article XI of this chapter.

D.

No building shall be erected, converted, enlarged, reconstructed or moved except in conformity with the lot area setbacks and building height regulations of the district in which the building is located.

A.

Continuance of non-conforming uses.

1.

Any property, building, structure, or use lawfully existing at the time of the enactment of this ordinance may be continued as a nonconforming use even though such property, building, structure or use does not conform with the provisions of this ordinance and any subsequent amendments including those of the district in which it is located. Similarly, whenever a district shall be changed hereafter, uses existing and lawful at the time may be continued except that the non-conforming use shall not be:

i.

Expanded: No building, structure, or property containing a nonconforming use shall hereafter be expanded or altered unless such expansion or alteration shall conform to the provisions of the zoning district in which it is located.

ii.

Changed: Transitioning from one nonconforming use to another is prohibited. Additionally, any conforming use cannot be reverted to a nonconforming status

iii.

Discontinued: Wherever a nonconforming use has been discontinued for a period of three (3) months, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this ordinance.

B.

Continuance of a Non-Conforming Building:

1.

Reconstruction and Reuse of Nonconforming Buildings: Any nonconforming building or structure which has been damaged to the extent of not exceeding 50% of its assessed value may be reconstructed and reused as before if done within 12 months from the time such damage occurred. If such damage is greater than 50% of assessed value, such building or structure may only be reconstructed to conform with the provisions of the use district in which it is situated. The "assessed value" shall mean the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation.

2.

Unsafe buildings: Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector or not in compliance with the City of Winder or State of Georgia's lawful requirements. However, on any non-conforming structure or portion of a structure and on any structure containing a non-conforming use, repairs and maintenance to the structure may be made, provided the structure is not enlarged to increase the non-conformity.

3.

Maintenance: Routine maintenance is encouraged and repairs and renovations which do not exceed 50% of the appraised valuation of the structure may be done only in accordance with the issuance of a building permit. Any nonconforming building which requires repair of fifty percent (50%) or more of its assessed value, shall be required to conform to the provisions of this chapter. The "appraised valuation" shall mean the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation.

4.

Pending application for building permits: Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted prior to the adoption of this ordinance; provided that construction shall start within 60 days after the granting of such permit.

C.

Substandard Lots of Record

1.

Reduction of lot area: No lot shall be reduced in area so that the total lot area shall be smaller than that prescribed by the ordinance.

2.

Recorded nonconforming lots: Legal lots of record at the time of the enactment of this ordinance which have less than the minimum requirements for the zoning district in which it is located may, nevertheless, be used for uses permitted in the respective district provided that current minimum district standards are met.

3.

The minimum lot sizes established by district regulations are not intended to apply to lots exclusively used for open space, recreational amenities, private streets or alleys, or publicly owned parking lots. No lot used for these purposes shall be considered a lot of record.

4.

Building on landlocked lot of record: In the event that a property is a lot with no frontage on any public street, the property owner shall be entitled to construct one principal building, provided that:

i.

No other principal building exists or has been issued a valid building permit on said property;

ii.

The property owner shall acquire a 30-foot easement to a public street, and said easement shall be duly recorded and made a part of the property deed; and

iii.

In the event that said property is divided, no additional principal buildings may be constructed.