Any preexisting lawful nonconforming use of or vested right to use any building, structure or land existing at the time of the adoption of this article, or the adoption of any amendment hereto, may be continued subject to the restrictions contained in this article, even though such use does not conform with the regulations of this article, except that:

(1)

A nonconforming use or structure shall not be changed to another nonconforming use.

(2)

A nonconforming use or structure shall not be expanded, extended, or enlarged beyond the area of use, size of operation, and/or the size of the structures existing at the time the use became nonconforming except in a manner that is conforming with this article. Similarly, no building containing a nonconforming use can be expanded or enlarged.

(3)

A nonconforming use or structure shall not be re-established after discontinuance for one year regardless of any reservation of an intent not to abandon.

(4)

A nonconforming use or structure shall not be rebuilt, altered, or repaired except as provided herein:

a.

If the structure is altered or repaired, said alterations or repairs shall be in conformity with the building codes in force at the time of said alteration or repair; provided, however, that said alteration or repair shall not extend or enlarge the structure being altered or repaired;

b.

If the structure is totally rebuilt, the replacement structure shall conform to all the requirements of this chapter, except as to the district; provided, however, said replacement structure may not occupy an area greater than the replaced structure.

(5)

Uses and structures made nonconforming by new provisions in this chapter shall be limited to the area of use, size of operation, height, and/or size of structures as existing on the date of adoption of the ordinance from which this chapter is derived.

(6)

Uses and structures made nonconforming by prior versions of this ordinance shall be limited to the area of use, size of operation, height and/or size of structures as existing on the date of adoption of the relevant provision by the prior ordinance.

(Min. of 11-10-2016, § 6.1)

Unless specifically permitted as a use under the applicable provision of article V of this chapter, no business or commercial enterprise may operate in a residentially-zoned district. Operation of a business or commercial enterprise shall include, but not be limited to, such activities as: having employees report to work at the property; storing commercial vehicles at the property; parking commercial vehicles at the property (other than as specifically permitted by section 47-96); conducting any manufacturing or assembly at the property; retail or wholesale sales of any sort; providing any service, maintenance or repair at the property (other than permitted home occupations); and storage of any materials, supplies, products, or components at the property. Home offices and home occupations are permitted as shown in sections 47-91 and 47-92.

(Min. of 11-10-2016, § 6.2)

Home offices are permitted in any home, allowing the occupant to work from home or to manage a business licensed as a mobile business. No customers, suppliers or vendors shall be permitted at a home office. Employees are not permitted to report to work, receive assignments, or pick up vehicles at a home office. No non-resident of the home may work in the home office (i.e., no outside employees may work in the office). See also section 47-90. Home occupations are permitted as stated in section 47-92.

(Min. of 11-10-2016, § 6.3)

Home occupations are permitted in zoning districts as listed in article V of this chapter. No home occupation shall occupy more than 30 percent of the heated floor space of the principal use building. No separate building or structure may be constructed to house a home occupation. A home occupation must be a use that is clearly incidental and secondary to the use of the dwelling as a residence and that does not change the character thereof or reveal from the exterior that the dwelling is being used in part for other than a residence. No non-resident of the home may work in the home occupation (i.e., no non-resident employees). There shall be no display, stock in trade, or commodity sold on the premises, and no mechanical equipment used except such as is commonly used for purely domestic household purposes. Such permissible occupations include, in general, such personal services such as are furnished by a musician, artist, seamstress, cook, or laundress, consultant, telecommuter, or other occupation which does not generate nonresidential traffic nor has non-occupant employees, but shall not include such uses as barbershops, beauty parlors, tea rooms, animal hospitals, animal grooming, or a wholesale, retail or manufacturing business.

(Min. of 11-10-2016, § 6.4)

(a)

No lot may be used for temporary or permanent residential living quarters unless a permanent dwelling unit has been lawfully erected on the lot, pursuant to the provisions of this article and applicable building and safety codes. Indications that a property is being used as temporary or permanent residential living quarters include actions such as spending significant time at the location on more than one day, repeated eating and sleeping at the location, and performing other life activities at the location repeatedly.

(b)

Tents, boats, RVs and other structures that are not permitted permanent dwelling units cannot be occupied either on a permanent or temporary basis on a residential lot, except that tents may be occupied for no more than three days in any two-month period when erected in the rear yard of a permanent dwelling unit.

(Min. of 11-10-2016, § 6.5)

(a)

No recreational vehicle shall otherwise be occupied as a temporary or permanent residential living quarter except in conformance with this section.

(b)

Recreational vehicles can be occupied as temporary dwellings as a temporary accessory use for no more than ten days in any two-month period, only if there is a permanent dwelling unit as a principal use on the lot, and only if the vehicle is parked in conformance with this article. No more than one recreational vehicle can be so occupied on the same lot.

(Min. of 11-10-2016, § 6.6)

Recreational vehicles parked in any residential zone or residentially-used area shall not be permitted to be parked in any required setback or buffer area, nor in any front-yard area. Recreational vehicles on residential property shall only be parked in the side or rear yard, within setbacks, although the community development director may administratively vary this requirement if there is not sufficient room in or access to the rear or side yards. No more than two recreational vehicles shall be parked on any single residential lot.

(Min. of 11-10-2016, § 6.7)

(a)

No more than two commercial vehicles (trailers counted separately if separated from a tractor) shall be parked on any single residential lot, or on any lot in any residentially-zoned lot. Commercial vehicles may not be parked on any residential lot without an occupied single-family dwelling, and may not be parked on vacant residential lots.

(b)

Commercial vehicles parked in any residential zone or residentially-used area shall not be permitted to be parked in any required setback or buffer area. Commercial vehicles on any lot under five acres must be parked in the side or rear yard area. The community development director shall be permitted to grant a hardship administrative variance to allow parking in a setback or front yard if no other room exists.

(c)

The community development director shall be permitted to grant a hardship administrative variance to allow up to four commercial vehicles to park on one lot (for example, if four family members living there each drive a commercial vehicle home from work), but in no circumstance shall such variance be used to permit employees to report to a residential structure on a daily basis to pick up commercial vehicles for the company's operation.

(Min. of 11-10-2016, § 6.8)

Neither vehicles (whether operable or inoperable) nor trailers (whether on or off their axles) may be used as storage buildings. This shall apply to all vehicles and trailers, including commercial vehicles, recreational vehicles, panel vans, tractor-trailer rigs, railroad boxcars, etc. However, tractor-trailer rigs and trailers may be used for temporary storage on property zoned C-1, IND-G, or IND-H, only by businesses operating on the same property. Temporary storage means no particular trailer may remain longer than three months.

(Min. of 11-10-2016, § 6.9)

In order to preserve the aesthetic beauty of the city, to protect against nuisances, hazards, vermin and odor, among other hazards, and to preserve the property values of surrounding property, all property in the city shall be required to comply with the following provisions:

(1)

All property (other than where explicitly permitted, such as a junk yard or salvage yard) must be free of the following: scrap metal; junked, inoperative or broken appliances (including engines and vehicles or parts of vehicles); junked, inoperative or broken equipment (such as lawn mowers, bicycles, machines); construction or demolition debris; other waste, garbage or refuse such as old tires, discarded carpet, discarded household furniture, bottles, cans, or similar; stumps, branches, dirt, and other debris from land disturbance and grading (except incident to a permit under the city soil erosion and sedimentation ordinance for the subject property and/or pursuant to lawful construction on the subject property); and household trash (except in a trash container in good condition with a lid). Such items may be kept in an enclosed building or enclosed garage erected pursuant to a building permit or otherwise lawfully permitted, but may not be kept in the open.

(2)

All property, whether residential, commercial or industrial, containing a grass lawn (for example fescue, rye, bluegrass, bermuda, zoysia or similar grasses), landscaping strips, or other landscaping must be maintained so that the grass is kept cut below the height of 12 inches, and so that shrubbery, weeds and other landscaping is kept cut to the point where no windows or doors in a structure are obscured or blocked.

(3)

Storage of lumber, dumpsters, shipping containers, wood pallets, pipe, concrete blocks, other construction material, or other commercial material, or any commercial inventory (including products for sale, use or repair in off-site businesses), or materials associated with a commercial operation, shall be prohibited on residentially-zoned or residentially-used property, unless associated with or required by a permitted use on the property (including repair or construction of a structure that is itself a permitted use, e.g., construction of a single-family residence on said property).

(4)

For violations of this section, an owner or resident of property may be given a citation, and, at the hearing on the citation, the municipal court may, in addition to other appropriate penalties under the law, order abatement, pursuant to O.C.G.A. § 41-2-5. The order of abatement may provide that in the event the owner or resident fails to correct the violation within a specified time period, the city is authorized to cause the violation to be remedied and the cost of abatement be placed as a lien against the property which lien may be collected in the same manner as judgements, utility bills and tax collections.

(Min. of 11-10-2016, § 6.10)

(a)

No automobile, vehicle or trailer of any kind or type without a valid license plate attached thereto shall be parked or stand on any residentially-zoned property or other zoned property unless it shall be in a completely enclosed building or on property properly zoned as a junk yard, except for such off-road vehicles which by law do not require a license plate, provided the same is in operating condition.

(b)

No automobile, vehicle or trailer of any kind or type which shall be inoperative or in a junk condition, or abandoned, shall be parked or stand on any property unless:

(1)

It shall be in an enclosed building;

(2)

It shall be on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or

(3)

It shall be on property lawfully occupied and used for repair, reconditioning or remodeling of vehicles in conformance with this chapter.

(c)

A vehicle in inoperative or junk condition shall include, but shall not be limited to, any automobile, vehicle, trailer of any kind or type, or contrivance, or a part thereof, the condition of which is one or more of the following:

(1)

Wrecked;

(2)

Dismantled;

(3)

Partially dismantled;

(4)

Inoperative;

(5)

Abandoned;

(6)

Discarded;

(7)

Scrapped; or

(8)

Does not have a valid license plate attached thereto.

(d)

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under other provisions of law.

(e)

In all instances where the owner of any abandoned, inoperative, or junk motor vehicle and/or trailer cannot be determined, or when such vehicle is abandoned on public property or a non-owner's property, such junk or abandoned motor vehicle and/or trailer shall be removed under the authority and provisions of O.C.G.A. ch. 40-11. If on public property, such vehicle may be removed after five days; if on private property, it may be removed after 30 days.

(f)

In all instances where the owner of any junk, inoperative, unregistered, or abandoned motor vehicle and/or trailer refuses to remove, enclose or register (or, if requested, refuses to give consent for the city to remove) any such vehicle or trailer currently in violation of this article, the city shall be empowered to seek an order from superior court authorizing the city to remove and dispose of such vehicle or trailer. In addition, if the vehicle or trailer is determined to be a health hazard or a nuisance, the city shall be empowered to seek an order from superior court authorizing the city to remove and dispose of such vehicle. Such orders shall be authorized if the vehicle has been in violation of this article for more than 20 days.

(g)

For purposes of repair or restoration, one inoperable and unregistered vehicle may be kept in the rear yard of a property, provided it is not visible from the street, is screened from all neighbors by a privacy fence in the rear yard, and is repaired or restored, removed, or placed in a fully enclosed building within six months. Such vehicle shall not be stored in any side yard or any setback or buffer area.

(Min. of 11-10-2016, § 6.11)

The storage of new or used tires on any property is prohibited unless the same are stored within an enclosed building or garage. It is illegal to discard or abandon tires on any property other than a lawful landfill.

(Min. of 11-10-2016, § 6.12)

In a residential zoning district or residentially-used area, sales of autos and other vehicles from such property shall be limited to no more than six vehicles per year. No more than two such vehicles shall be parked in the front yard of any property at any one time. Any greater number of sales or vehicles displayed for sale shall constitute a commercial operation, which shall only be permitted in the C-2 commercial zoning district.

(Min. of 11-10-2016, § 6.13)

Swimming pools are permitted as accessory uses in residential zoning districts. Swimming pools are only permitted to be located in the side or rear yards of a property. All portions of a swimming pool (including the pool itself, any recirculation pumps, sumps, heaters, filtration or treatment systems, chemical tanks, or pool-related machinery) shall be set back at least ten feet from the side and rear property lines. Swimming pools shall further comply with applicable board of health regulations and the city building code ordinance. Private swimming pools (in ground or above ground), hot tubs and spas containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is a minimum of 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost. Above-ground pools shall have a lockable, removable ladder. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

(Min. of 11-10-2016, § 6.14)

In the C-1 zoning district, external display of retail inventory or other goods for sale shall only be permitted within ten feet of the principal structure on the property, and only during regular business hours when the retail business is open to the public.

(Min. of 11-10-2016, § 6.15)

Timbering operations (meaning cutting, hauling and/or harvesting timber) shall be a permitted activity in nonresidential zoning districts (that is, C-1, C-2, O/I, IND-G, and IND-H), provided that no timbering operations shall be permitted in the area of any required buffer listed in the relevant zoning district. Crossing the buffer perpendicularly shall be permitted, but the buffer area shall otherwise remain undisturbed.

(Min. of 11-10-2016, § 6.17)