Marietta › Zoning Ordinance

Division 704 — Application of District Regulations

current as of 2025-03-14verified current · checked 2026-08-24Officialofficial source ↗6 sections · full chapter

§ 704.01

Rules governing interpretation

Where uncertainty exists as to boundaries of any district shown on said map, the following rules shall apply:

A.Where boundaries are indicated as approximately following the center line right-of-way of streets and alleys, land lot lines, militia district lines or lot lines, such lines shall be construed to be such boundaries.

B.Where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimensions, shall be determined by use of the scale appearing on such maps. Split zoned properties shall no longer be permitted, however, those existing on the date of adoption of this article shall be allowed to continue as a nonconforming use. Property owners may request the City rezone the entire property to one of the existing zonings or subdivide the property along the district boundary provided all lot standards are achieved for each newly created lot.

C.Where a district boundary line divides a lot which was in single ownership at the time of passage of this article, the Board of Zoning Appeals may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Code 1996, Sec. 7-8-2-6-010)

§ 704.02

Uniformity and compliance

The regulations set by this article within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and specifically, except as hereinafter provided.

(Code 1996, Sec. 7-8-2-8-010)

§ 704.03

Compliance with district regulations

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(Code 1996, Sec. 7-8-2-8-020)

§ 704.04

Lots reduced below requirements

No lot existing at the time of passage of this article shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this article shall meet at least the minimum requirements established by this article.

(Code 1996, Sec. 7-8-2-8-050)

§ 704.05

Annexed territory

All territory which may hereafter be annexed into the City shall be classified as per the procedures outlined in Division 722 (Amendments).

(Code 1996, Sec. 7-8-2-8-060)

§ 704.06

Special land use permit necessary

Any person requesting a special exception from those permitted uses listed under any zoning district must seek a special land use permit for those uses identified under Division 712.01 or, for all other use exceptions, must seek relief from the City Council by requesting an additional use under the regulations set forth in Division 722 (Amendments). Any person requesting relief from the other provisions of the zoning ordinance must seek a variance in compliance with those regulations set forth in Division 720 (Quasi-judicial Decisions and Board of Zoning Appeals). Variances considered in concurrence and in conjunction with the grant or denial of an amendment to a zoning ordinance to rezone property from one classification to another, any other business item, or the grant or denial of a permit relating to a special use of property by the City Council shall be deemed a zoning decision pursuant to the Georgia Zoning Procedures Act. Variance decisions by the Board of Zoning Appeals pursuant to Division 720 or variance(s) granted by the City Council, but not in connection with a zoning decision, are deemed to be quasi-judicial pursuant to the Georgia Zoning Procedures Act.

(Code 1996, Sec. 7-8-2-8-070