Article 2 — Preamble and Enactment

Sec. 2.1. Ordinance Preamble and Enactment.

Whereas, the Constitution of the State of Georgia provides in Article IX, Section II, Paragraph IV thereof, that the governing authority of the city may adopt plans and exercise the power of zoning; and Whereas, the municipal corporation of the City of Johns Creek, Georgia, is specifically authorized by its City Charter to exercise a wide range of powers, including but not limited to preventing the pollution of natural streams, regulating the erection and construction of building and other structures, developing zoning regulations, providing for public improvements, regulating and controlling signs, billboards, trees, shrubs, fences, buildings, and all other structures or obstructions adjacent to the right-of-way of streets and roads or within view thereof, regulating various special uses; and to exercise all other powers necessary or desirable to promote or protect the health, safety, peace, security, good order, comfort, convenience and general welfare of the city and its inhabitants; and Whereas, the Georgia General Assembly enacted the Georgia Planning Act of 1989, (Georgia Laws, 1989, pp.

1317-1391, Act 634) which among other things provide for local governments to adopt plans and regulations to implement plans for the protection and preservation of natural resources, the environment, vital areas, and land use; and Whereas, the City finds that the regulations contained in this ordinance are necessary for the purposes of implementing the comprehensive plan adopted pursuant to the requirements of the Georgia Planning Act of 1989;

and Whereas, this ordinance has been prepared and considered in accordance with the zoning procedures law, O.C.G.A. 36-66-1; and 1Editor's note(s)—Ord. No. 2010-05-08, adopted May 24, 2010, deleted the former City of Johns Creek Zoning Ordinance and adopted a new City of Johns Creek Zoning Ordinance as set out herein. The former City of the Johns Creek Zoning Ordinance was adopted by the Mayor and City Council January 2, 2007, effective January 5, 2007 and further amended September 24, 2007 per Ordinance O2007-09-26, June 2, 2008 per Ordinance O2008-05-10, February 9, 2009 per Ordinance O2008-12-28, April 27, 2009 per Ordinances O2009-04-09, O2009-04-10 and O2009-04-11, June 29, 2009 per Ordinance O2009-6-17, and August 24, 2009 per Ordinance O2009-08-29.

Editor's note(s)—This appendix is a reprinting of the zoning ordinance as it appears on file in the city clerk's office, except that the editor has inserted in brackets section captions or explanatory matter where they did not exist; further amendatory ordinances have been incorporated, and are cited following amended provisions.

Whereas, this ordinance is adopted as part of a plan designed for the purposes, among others, of lessening congestion on the roads and streets; securing safety from fire, flood, and other dangers; providing adequate light and air; promoting health and general welfare; encouraging such distribution of population and such classification of land uses and utilization as will facilitate economic and adequate provisions for transportation, communication, road, water supply, drainage, sanitation, education, recreation, and other public requirements. These regulations are made with reasonable considerations, among others, to the character of the districts and the suitability of particular uses in such districts, to the general view of promoting desirable living conditions, protecting property against blight and depreciation, and encouraging the most appropriate use of land throughout the City of Johns Creek.

Now, therefore, the governing body of the City of Johns Creek, Georgia, does hereby ordain, enact, and thereby incorporate into the City Code of Johns Creek, Georgia, this ordinance and its articles, chapters, and sections.