Article I: Purpose and Enactment
Zoning Ordinance
for
Elberton, Georgia
Technical Assistance provided by
the
Northeast Georgia Regional Development Center
July 1997
REVISED EDITION, SEPTEMBER, 1999
Table of Contents
PREFACE
ARTICLE I: PURPOSE AND ENACTMENT
1.1 Objectives 1-1
1.2 Legislative Authority 1-1
1.3 Method of Regulation 1-1
1.4 Jurisdiction 1-1
ARTICLE II: SHORT TITLE
ARTICLE III: DEFINITION OF TERMS
3.1 Definitions 3-1
ARTICLE IV: ESTABLISHMENT OF DISTRICTS
4.1 Establishment of Districts 4-1
4.2 Zoning Atlas 4-1
4.3 Map Amendment 4-1
4.4 Rules for Determining Boundaries 4-1
4-5 Temporary Buildings
4.6 Annexation 4-2
ARTICLE V: APPLICATION OF ORDINANCES 5-1
5.1 Use 5-1
5.2 Height Limits 5-1
5.3 Lot Area and Lot Size 5-1
5.4 Existing Lots 5-1
5.5 Yards 5-1
5.6 Corner Lots 5-1
5.7 Principal Buildings 5-2
5.8 Vision Clearance 5-2
5.9 Minimum Distance Between Buildings 5-2
5.10 Front Yard Setback of Dwellings 5-2
ARTICLE VI: GENERAL CONDITIONS 6-1
6.1 Non-Conforming Buildings and Uses 6-1
6.1.1 Unsafe Structures 6-1
6.1.2 Alterations 6-1
6.1.3 Extension 6-1
6.1.4 Restoration of Damaged Buildings 6-1
6.1.5 Discontinuance 6-2
6.2 Pending Application for Building Permits 6-2
6.3 Off-Street Automobile Parking 6-2
6.3.1 General Requirements 6-2
6.3.2 Parking Space Requirements for All Districts. 6-3
6.3.3 Parking Area Site Requirements 6-5
6.4 Off-Street Loading and Unloading Space 6-7
6.4.1 Size of Off-Street Loading Spaces 6-7
6.4.2 Connection to Street or Alley 6-7
6.4.3 Floor Area Over 10,000 Square Feet 6-8
6.4.4 Floor Area less than 10,000 Square Feet 6-8
6.4.5 Bus and Trucking Terminals 6-8
6.4.6 Location of Off-Street Loading Spaces 6-8
6.4.7 Permanent Reservation 6-8
6.5 Control of Curb Cuts and Vision Clearance 6-8
6.5.1 Curb Cuts 6-8
6.6 Classification of Streets 6-8
6.6.1 Arterials 6-8
6.6.2 Collector streets 6-9
6.6.3 Subcollector 6-9
6.6.4 Access Roads 6-9
6.7 Storage and Parking of Recreational Vehicles,
Trailers, and other Vehicles 6-9
6.8 Buffer Areas 6-10
ARTICLE VII: USE REQUIREMENTS BY DISTRICT
7.1 R-1 Low-Density Residential District 7-1
7.1.1 Permitted Uses 7-1
7.1.2 Conditional Uses 7-1
7.2 R-1A Single-family District 7-2
7.2.1 Permitted Uses 7-2
7.2.2 Conditional Uses 7-2
7.3 R-1B Single-Family District 7-3
7.3.1 Permitted Uses 7-3
7.3.2 Conditional Uses 7-4
7.4 R-2 Multiple-Family District 7-5
7.4.1 Permitted Uses 7-5
7.4.2 Conditional Uses 7-5
7.5 P Professional District 7-6
7.5.1 Permitted Uses 7-7
7.5.2 Conditional Uses 7-7
7.6 B-1 Neighborhood Business District 7-7
7.6.1 Permitted Uses. 7-7
7.6.2 Conditional Uses. 7-9
7.7 B-2 General Business District 7-10
7.7.1 Permitted Uses. 7-10
7.7.2 Conditional Use. 7-14
7.8 CBD Central Business District 7-15
7.8.1 Permitted Uses 7-15
7.9 I Industrial District 7-16
7.9.1 Permitted Uses 7-16
7.10 Vacant 7-17
7.11 FH Flood Hazard District 7-19
7.11.1 Permitted Uses 7-19
7.11.2 Procedure for Correcting and Error in FH Flood
Hazard District Boundary Line 7-20
ARTICLE VIII: AREA, YARD, AND HEIGHT REQUIREMENTS 8-1
8.1 Requirements 8-1
ARTICLE IX: SPECIAL PROVISIONS 9-1
9.1 Manufactured Homes, Mobile Homes, and Recreational Vehicles 9-1
9.1.1 Recreational Vehicle Parks 9-1
9.1.2 Recreational Vehicles on Private Lots 9-3
9.1.3 Individual Manufactured homes 9-3
9.1.4 Manufactured Home Subdivisions 9-4
9.2 Manufactured Homes Parks 9-4
9.2.1 Park Layout 9-4
9.3 Manufactured Home Installation 9-6
9.3.1 Installation 9-6
9.4 Townhouses and Condominiums, Apartments and Multi-Family
Dwellings 9-6
9.4.1 Townhouses and Condominiums 9-6
9.4.2 Apartments and Multi-Family Dwellings 9-8
9.5 Accessory and Temporary Buildings 9-9
9.5.1 Accessory Buildings 9-9
9.5.2 Temporary Buildings 9-9
9.6 Planned Industrial Parks 9-9
9.6.1 Location 9-9
9.6.2 Minimum Acreage 9-9
9.6.3 Yards 9-9
9.6.4 Uses Not Allowed 9-9
9.6.5 Confinement 9-9
9.6.6 Storage 9-9
9.7 Satellite Dish Antenna 9-9
9.8 Home Occupation 9-10
9.8.1 9-10
9.9 Automobile Service Stations 9-11
9.9.1 Location 9-11
9.9.2 Site Requirements 9-11
9.9.3 Access to Site 9-11
9.9.4 Gasoline Pump Islands 9-12
9.9.5 Off-Street Parking 9-12
9.9.6 Other Site Improvements 9-12
9.9.7 Storage of Inflammable Products 9-12
9.10 Cemeteries 9-12
9.10.1 Public Cemeteries 9-12
9.10.2 Religious institution Cemetery 9-13
9.11 Bed and Breakfast 9-13
9.12 Clubs and Fraternal Organizations 9-14
9.13 Outdoor Storage Yards 9-14
9.14 Vacant 9-14
9.15 Transmission Towers 9-15
9.15.1 Transmission Towers 9-15
9.15.2 Applicability 9-15
9.15.3 General Guidelines and Requirements 9-15
9.15.4 Permitted Uses 9-17
9.15.5 Administrative Approvals 9-17
9.15.6 Special Use Permits 9-18
9.15.7 Removal of Abandoned Antennas and Towers 9-20
9.16 Planned Unit Development 9-20
9.16.1 Requirement Regarding Tract 9-20
9.16.2 Requirements for PUD Development Plans 9-21
9.16.3 Area Limitations for Specified Uses 9-21
9.16.4 Residential Density 9-22
9.16.5 Minimum Space Requirements 9-22
9.17 Central Business District Upper Floor Residential 9-22
9.17.1 Minimum Floor Space Requirements and Maximum
Number of Occupants 9-22
9.17.2 Building Codes 9-22
9.17.3 Restrictions 9-23
9.17.4 Parking 9-23
9.17.5 Trash Receptacle 9-23
9.17.6 Lease Agreement 9-24
ARTICLE X: CONDITIONAL USES
10.1 Conditional Use Procedure 10-1
ARTICLE XI: SIGNS 11-1
11.1 Purpose 11-1
11.2 Definitions 11-1
11.3 Computations 11-2
11.3.1 Computation of Area of Individual Signs 11-2
11.3.2 Computation of Area of Multifaced Signs 11-3
11.3.3 Computation of Height 11-3
11.3.4 Computation of Maximum Total Permitted Sign Area
for a Zone Lot 11-3
11.4 Permitted Signs 11-4
11.5 Signs Permits 11-11
11.6 Design, Construction, and Maintenance 11-12
11.7 Lighting Requirements 11-12
11.8 Master or Common Signage Plan 11-13
11.8.1 Master Signage Plan. 11-13
11.8.2 Common Signage Plan. 11-13
11.8.3 Procedures. 11-14
11.8.4 Amendment. 11-14
11.8.5 Binding Effect. 11-14
11.9 Exempt Signs 11-14
11.10 Prohibited Signs 11-14
11.11 General Permit Procedures 11-14
11.11.1 Applications. 11-15
11.11.2 Fees. 11-15
11.11.3 Completeness. 11-15
11.11.4 Action on Sign Permit Application. 11-15
11.11.5 Action on Plan Permit Application. 11-15
11.11.6 Permits to Construct or Modify Signs. 11-15
11.11.7 Inspection. 11-15
11.11.8 Request for Sign Permit within the
Historic District. 11-16
11.12 Sign Permits — Continuing 11-16
11.12.1 Initial Sign Permit. 11-16
11.12.2 Subsequent Sign Permits. 11-16
11.12.3 Lapse of Sign Permit. 11-16
11.12.4 Assignment of Sign Permits. 11-16
11.13 Nonconforming Existing Signs — Continuing. 11-16
11.14 Sign Removal 11-16
11.15 Violation 11-17
ARTICLE XII: ZONING ADMINISTRATION ENFORCEMENT AND PENALTIES 12-1
12.1 Building Inspector 12-1
12.2 Building Permits 12-1
12.3 Application for Permits 12-1
12.4 Issuance of Certificate of Occupancy 12-2
12.5 Penalties for Violation 12-2
12.6 Remedies 12-2
12.7 Developments of Regional Impact (DRI) 12-3
ARTICLE XIII: APPOINTED ZONING BODIES
13.1 Organization 13-1
13.2 Powers 13-1
13.2.1 Review 13-1
13.2.2 Variances 13-1
13.2.3 Special exceptions 13-1
13.3 Appeals 13-1
13.4 Hearing 13-2
13.4.1 13-2
13.4.2 13-2
13.5 Order of Board of Appeal 13-2
13.6 Appeal from the Board to the Court 13-2
13.7 Appointment 13-3
13.8 Authority 13-3
13.9 Procedure 13-3
13.10 Duties and Powers of the Board of Zoning Appeals 13-4
13.11 Procedure for Requesting a Hearing Before the
Board of Zoning Appeals 13-4
ARTICLE XIV: AMENDMENTS 14-1
14.1 Authority 14-1
14.2 Application for Amendment 14-1
14.3 Public Hearings, procedures, and Rezoning Standards 14-2
14.3.1 Public Hearing Required 14-2
14.3.2 Applicant Notification 14-2
14.3.3 Publication of Notice 14-2
14.3.4 Sign 14-2
14.3.5 Notice to Adjacent Property Owners 14-2
14.3.6 Planning Commission Action 14-3
14.3.7 Mayor and Council Action 14-3
14.3.8 Zoning Amendment Criteria 14-3
14.3.9 Procedure for Conducting a Public Hearing 14-4
14.3.10 Meeting Format 14-5
14.4 Evaluation Criteria 14-5
14.5 Publication of Standards 14-5
ARTICLE XV: DISCLOSURE REQUIREMENTS
15.1 Disclosure of Financial Interests 15-1
15.2 Disclosure of Campaign Contributions 15-1
ARTICLE XVI: LEGAL STATUS PROVISIONS 16-1
16.1 Conflict With Other Laws 16-1
16.2 Separability 16-1
16.3 Repeal of Conflict in Ordinances 16-1
16.4 Incorporation by Reference of Maps 16-1
16.5 Copies 16-1
16.5.1 Planning Commission Copy 16-1
16.5.2 City Work Copy 16-1
16.5.3 Minute Book Original 16-1
16.6 Enforcement 16-2
16.7 Appeals 16-2
16.8 Effective Date 16-2
PREFACE
The following analysis entitled Zoning Ordinance for Elberton, Georgia, is designed to provide the governing authority or authorities of the city with a recommended regulatory measure designed to meet presentday and anticipated future needs for the promotion of the health, safety, morals, convenience, order, prosperity or general welfare of the city by the control of such matters as the location, height, bulk, number of stories and size of buildings and other structures, the percentage of a lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes.
This ordinance is made in accordance with a comprehensive plan and shall be designed to lessen congestion in the street, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Said ordinance is made with reasonable consideration, among other things of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout Elberton.
ARTICLE I: PURPOSE AND ENACTMENT
Article III: Definition of Terms
1.1 Objectives
This ordinance is for the purpose of setting forth standards and permissible uses designed to conserve and protect the natural, economic and scenic resources of Elberton; health, aesthetics, morals, convenience, order, prosperity and general welfare; to provide adequate light and air; to protect natural resources; to prevent the overcrowding of land; to promote desirable living conditions and stability of neighborhoods; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements by dividing Elberton into districts of such size and shapes as may be best suited to carry out the purposes of the legislative act and of this ordinance.
1.2 Legislative Authority
The Mayor and Council of Elberton, Georgia under the authority of Article IX, Section 2, Paragraph 4 of the Constitution of the State of Georgia and Chapter 66, Title 36 of the Official Code of Georgia Annotated, and for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or the general welfare of the city and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements, ordains and enacts into law the Official Zoning Ordinance for Elberton, Georgia.
1.3 Method of Regulation
The Mayor and Council of Elberton, Georgia, as authorized by the Constitution of the State of Georgia, adopts zoning regulations for the following purposes: to define certain words used therein; to create zone boundaries; to regulate the location of trades, professions, businesses, and industries; to regulate the density in distribution of population; to provide for the gradual elimination of nonconforming uses of land, buildings and structures; to provide for the method of administration, amendment and enforcement; to provide for the imposition of penalties for violations; repeal conflicting ordinances and resolutions; and for other purposes.
1.4 Jurisdiction
This zoning ordinance shall govern the use of all land and development within Elberton, Georgia.
ARTICLE II: SHORT TITLE
This ordinance shall be known and may be cited as "The Zoning Ordinance for Elberton, Georgia".
ARTICLE III: DEFINITION OF TERMS
Article III: Definition of Terms
3.1 Definitions
Except as otherwise provided herein, all words shall have their customary dictionary meaning. The present tense includes the future tense. The singular number includes the plural and the plural includes the singular. The word "person" includes a firm, corporation, association, organization, trust or partnership. The word "lot" includes "plot" or "parcel". The word "building" includes "structure". The word "shall" is always mandatory. The word "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". The word "used" shall be deemed also to include "designed", "intended", or "arranged to be used". The term "erected" shall be deemed also to include "constructed", "reconstructed", "altered", "placed", or "moved". The word "land use" and "use of land" shall be deemed also to include "building use" and "use of building". The word "adjacent" means "nearby" and not necessarily "contiguous". The word "map" means the " Comprehensive Zoning Map, City of Elberton, Georgia", (date)______, and as may be amended.
When used in this Ordinance, the following words and phrases shall have the meaning given in this Section.
ACCESSORY BUILDING or USE: A subordinate building or use customarily incidental to the principal use of the land and located on the same lot with the principal use.
ALLEY: A platted service way providing a secondary means of access to abutting properties which is twenty (20) feet or less in width.
ALTERATION: Any change in the supporting member of a building, any modification or change in construction, any addition which increases the area or height, any change in use of or movement of a building from one location to another, or any increase in the amount or volume of space used for any activity.
ANIMAL SHELTER: A public or private facility exclusively for the temporary housing of stray or unwanted domestic animals.
APARTMENT: A suite of two (2) or more rooms and a bath which is designed according to the Southern Building Code and designed or intended for occupancy by one (1) family or one (1) person doing its cooking therein. For zoning purposes, an apartment is regarded as a dwelling unit. A structure containing two (2) apartments is a duplex. A structure containing three (3) or more apartments is a multi-family dwelling.
APARTMENT BUILDING: A multi-family dwelling unit located on a parcel of land under a single ownership and consisting of 3 or more single-family dwelling units separated by fire resistant walls as required by the Building Code of Elberton, Georgia.