No building, structure, land, open space or water shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained, and no new use or change shall be made or maintained of any building, structure, land open space or water, unless in conformity with all the regulations and the Town's comprehensive plan herein specified for the district in which it is located.

Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land.

No building or structure shall hereafter be erected, constructed, reconstructed, or altered, except as otherwise specifically exempted in this Article, to exceed the maximum height for the district in which said building or structure is located; provided, however, that the governing body may permit buildings and structures to exceed height limitations upon approval of a conditional use as specified in these regulations.

The height limitations established herein shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles and similar structures.

No building or structure shall be erected or use established unless upon a lot of record as defined by these regulations except as otherwise provided herein.

Only one principal building and its accessory buildings may hereafter be erected on any one lot intended for such use; provided, however, that more than one multiple dwelling, office, institutional, commercial or industrial building may be located upon a lot, subject to setbacks and separation as provided in these regulations.

No principal building shall be located closer than twenty (20) feet to another principal building.

No lot shall be reduced, divided or changed in size so that lot width, size or yards, lot area per dwelling unit or any other requirement of these regulations is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public purpose.

Any land area subsequently added to the incorporated area of Alto shall at the time of annexation be classified in one or more zoning districts in accordance with Article XXII of this Ordinance.

No building or structure shall hereafter be erected on a lot, and no lot shall be subdivided, that does not abut for at least thirty (30) feet on a public street, unless noted by classification.

Unless otherwise stated, any use not specifically identified in these regulations as provided in this ordinance shall be considered a conditional use in that district.

Accessory buildings and uses shall be permitted only in side or rear yards, except as otherwise provided by these regulations.

Accessory buildings and uses shall be permitted only if they meet the following:

1.

Accessory buildings and uses shall be set back a minimum of five (5) feet from any lot line.

2.

Where a building housing an accessory use is structurally attached to the principal building, it shall be subject to and must conform to all regulations applicable to the principal building and shall not be considered an accessory building.

3.

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both streets.

4.

Detached accessory buildings shall be located a minimum of ten (10) feet from the principal building on a lot.

The following specified structures shall conform to the following regulations:

1.

Fences and Walls:

All fences and walls shall conform to the following:

a.

A permit shall be obtained from the Zoning/ Building Administrator.

b.

No fence or wall shall be erected closer than two (2) feet from a public right-of-way or in such a manner as to obstruct vision on public right-of-way.

c.

Barbed wire top strands six (6) feet above the ground may be permitted in agricultural, commercial and industrial zoning districts.

2.

Gasoline Pumps:

Gasoline pumps and pump island shall be set back a minimum of twenty-five (25) feet from any public right-of-way or property line.

3.

Canopies and Carports:

Canopies and other attached or detached structures intended for cover shall be set back a minimum of ten (10) feet from any public right-of-way or property line.

4.

Non-residential Occupancy of Mobile Homes:

Mobile homes, manufactured homes or other temporary portable structures shall not be used as a permanent or temporary office, private classroom, store, or for-hire work space in any district; provided, however, that such mobile homes or structures may be used for a temporary construction office for a licensed contractor in any district, upon issuance of a permit by the Zoning Administrator. Said permit shall be the temporary but renewable once after a period of six (6) months.

5.

Swimming Pools:

Swimming pools accessory to residences shall be enclosed by security fence a minimum of four (4) feet in height. Said fence shall provide security against unauthorized use of the swimming pool, and all pools shall meet the requirements of the International Standard Building Code on swimming pools.

A permit shall be obtained from the Zoning/ Building Administrator for siting and construction of a swimming pool. Swimming pools which are operated as an accessory use to hotels, motels or other uses shall be restricted to use by the patrons/guests of the principal use on the subject property and shall not be opened to the general public for a fee.

A home occupation as defined by these regulations requires review and approval by the Governing Body and also review and a recommendation by any Planning Commission established by the Governing Body. Home occupations shall be reviewed based on the following criteria:

1.

Only residents of the dwelling may be engaged in the home occupation, with the exception that employment of one (1) person not residing in the dwelling may be permitted.

2.

The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building and lot.

3.

Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of a home occupation.

4.

No external alterations of the dwelling solely for the accommodation of a home occupation are permitted, with the exception of one (1) additional outside entrance for business use.

5.

Use of a building for home occupation shall not exceed twenty-five (25%) percent of one (1) floor of the principal building. Home occupations are not permitted, in whole or part, within accessory buildings.

6.

A business license shall be obtained from the Town of Alto prior to the operation of any home occupation. Said business license shall require approval by the Governing Body, or its designated representative, if any.

7.

The following uses are allowable as home occupations (not all inclusive): Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to six (6) students at one time; day care centers serving three (3) or less persons, professional services (i.e., attorneys, architects, accountants, realtors, insurance and travel agents; secretarial services and answering services); mail order and general offices not involving storage of equipment, materials or vehicles; phone solicitations; beauty salons and barber shops limited to two patrons at a time; food catering and home products sales agents.

The failure of a home occupation licensee to comply with any of the above conditions shall be reasonable grounds for revocation of a home occupation business license.

No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between two and one-half (2'6") and twelve (12') feet above any roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines, or such lines extended, and a line connecting such right-of-way lines at points twenty-five (25) feet for the intersection of the right-of-way lines.

Recreational equipment such as boats, boat trailers, travel trailers, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other vehicles may be parked or stored only in side yards, rear yards, carports, or in an enclosed building, provided, however, that such equipment may be parked or stored anywhere on a residential premises for a period not to exceed twenty-four (24) hours during loading and unloading. The temporary use of recreational vehicles such as motor homes, travel trailers and tent trailers as private residences shall be permitted but limited to a maximum duration in time of twenty-one (21) days. Such parking or use shall be limited to one (1) recreational vehicle. Connection to Town sewer system is prohibited under these terms.

It shall be unlawful to place, abandon, leave, keep, or store junk and salvage materials including non-functioning motor vehicles, appliances, machinery, equipment or parts thereof, out-of-doors upon any public or private land within the Town of Alto, except within the confines of a licensed junk or salvage yard or within designated public disposal areas.

Whenever it shall appear to the Governing Body or the Zoning Administrator (and/or designee) or both, that this section is being violated, he shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate such violation by removing the material to a conforming location, or into an enclosed garage, barn or other building within ten (10) days of the mailing of notice.

If the tenant or owner of the premises on which the violation exist fails to abate the violation within the required time after notice, then the Town, by and through its agents, shall abate the violation, charge the cost thereof to the legal owner of the premises, and the legal owner of the premises shall be required to pay the cost of such abatement to the Town as ordered by Municipal Court Order.

No proposed plat of a subdivision, nor any plat of re-subdivision, shall hereafter be approved by the Governing Body or subject to any recommendation by any Planning Commission established by the Governing Body unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts in these regulations and unless such plat fully conforms with the statutes of the State of Georgia and regulations of the Governing Body.

Yard and garage sales are subject to the following requirements:

718.1 Deposit and Permit.

Every person/applicant desiring to conduct a yard or garage sale in the Town of Alto, Georgia, shall make an application for a permit to conduct such sale with the Town Clerk at the Town Hall on 162 S Grant Street, Alto, Georgia.

Upon making the application, applicant shall be assigned a permit, having a designated permit number, which shall be displayed during the sale.

Applicant, at the same time as making out their application with the Town Clerk, shall pay a $25.00 deposit which will be refundable so long as certain conditions are met.

718.2 Completion of Sale and Refund of Deposit.

After the yard or garage sale is conducted, all signs and trash collected on the premises, and all signs advertising the sale placed at other locations, shall be removed within twenty-four hours after the sale. After the premises have been inspected by an agent of the Town of Alto, and it is shown that the signs have been removed and trash collected, the permit shall be signed by an agent of the Town of Alto which, upon the return of the permit to the Town Clerk at the Town Hall in Alto, shall allow the Town Clerk to refund to the person/applicant the $25.00 deposit. Failure of the applicant to remove all signs and collect all trash, or the failure of the person/applicant to receive the signature of an agent of the Town of Alto shall result in the forfeiture of the $25.00 deposit in order to provide funds to allow the Town to conduct such clean up.

718.3 Number of Sales Limited and Duration of Sale.

Each household, which shall include all residents of the household, in the Town of Alto is limited to five yard or garage sales during the calendar year. Any household conducting more than five authorized sales per year shall be liable for the Town Occupational Tax. Duration of Yard sales and or Garage Sales shall be limited to 3 consecutive days in a row for each event or sale counted as one sale. Duration of event or sale less than 3 days shall also be considered an event or sale counted as one.

718.4 Signs.

No signs advertising a yard or garage sale shall be placed on Traffic Directional Signs.

718.5 Signs for Non-resident Sales Prohibited.

It shall be unlawful for anyone residing outside the Town of Alto, Georgia to advertise a yard or garage sale, which is to be conducted outside the Town Limits of Alto, Georgia by placing of signs on street right-of-ways, highway right-of-ways and utility poles within the Corporate Limits of the Town of Alto, Georgia. Any agent of the Town of Alto, Georgia is hereby authorized to remove said signs.

718.6 Maintenance of Traffic Movement.

Any person conducting a yard or garage sale shall be responsible for the street being kept clear for the movement of traffic during the time of said sale.

718.7 Limitation of Items to be Sold.

Yard and garage sales will be allowed for the sale of household goods and clothing provided that no person, group or organization involved in the sale of such household goods shall offer for sale other items or goods which have been purchased for the purpose of resale.

All accessory apartments shall conform to the following:

a)

Only one accessory apartment for a total of two dwelling units per lot shall be permitted.

b)

Accessory Apartment must conform with the district permitted uses.

c)

The lot must meet the minimum lot size for the zoning district in which it is located, and there must be a minimum lot area of 6,000 square feet each for both dwellings.

d)

One additional off-street parking space for the accessory apartment is required, which must be located in a side or rear yard.

e)

The heated floor area for an accessory apartment shall be at least 400 square feet and shall not exceed the size of the principal dwelling.

f)

Accessory apartment shall not be permitted on a lot in conjunction with a home occupation.

g)

Accessory apartments created or converted as a part of the principal dwelling must have its entrance at the side or in the rear rather than the front of the principal dwelling, and the apartment shall have an architectural treatment (brick, wood, stucco, etc.) substantially similar to that of the principal dwelling.

h)

Accessory apartments must observe the principal building setbacks established in Section 2201 and maximum lot coverage in Section 2202 for the zoning district in which it is located.

i)

The Habersham County and or Banks County Health Department or a designated agent of the Town of Alto, or both, in the discretion of the Governing Body, must certify that existing/proposed water sanitary sewer and/or septic tank facilities are adequate to serve both the principal dwelling and the accessory apartment.

j)

Accessory apartments created as a separate building detached from the principal dwelling must meet the following (this includes manufactured or mobile homes):

1)

Foundation - Each dwelling must be placed on a permanent foundation.

2)

If a manufactured or mobile home, it shall be installed in compliance with the "Rules and Regulations for Manufactured Homes" made and promulgated by the Georgia Safety Fire Commissioner, as may be amended from time to time.

3)

All towing devices, wheels, axles and hitches must be removed and skirted.

4)

Skirting - Each dwelling shall be completely skirted with an appropriate barrier, properly ventilated, to enclose the area between the bottom of the structure and the ground. Such skirting shall not be required for those homes with a complete masonry or concrete perimeter foundation.

5)

The entire exterior of the dwelling shall be coated or finished with a non-metallic substance such as hardboard siding, wood paneling, "masonite" or other building material approved by the Zoning Administrator. Conditions requiring unit design enhancements, such as color, roof pitch, window detailing and roofing materials may be attached to the conditional use approval by the Governing Body to ensure the unit is compatible with adjacent and nearby residences.

6)

In addition to the above requirements, each dwelling shall be established in accordance with the installation instructions from the manufacturer, as appropriate.

7)

All accessory apartments created as a separate building detached from the principal dwelling must meet the standards and regulations of the Building Code Ordinance of Alto. The Building Code Ordinance of Alto shall be controlling over any provision of this ordinance as to the type and manner of construction of any building.

8)

All accessory apartments which are manufactured or mobile homes must meet the design standards and requirements for manufactured or mobile homes in Section 720.

All manufactured or mobile homes shall conform to the following:

a)

Underpinning and Skirting

1)

Each newly installed manufactured or mobile home in Alto that is installed in an approved manufactured or mobile home park shall be completely underpinned and skirted with approved masonry, metallic, non-metallic, wooden, or other approved manufacturer's underpinning kits. Further, each manufactured or mobile home shall be anchored in accordance with applicable provisions for non-hurricane zone anchorage. Each existing manufactured or mobile home located in a manufactured or mobile home park shall be completely underpinned and anchored in accordance with the applicable provisions for non-hurricane anchorage.

2)

Each manufactured or mobile home in Alto that is not located in a manufactured or mobile home park shall be completely underpinned and skirted with approved masonry, metallic, non-metallic, wooden, or other approved manufacturer's underpinning kits. Further, each manufactured or mobile home shall be anchored in accordance with applicable provisions for non-hurricane zone anchorage. The manufactured or mobile home shall have removed from the body of said manufactured or mobile home the tongues, (where the removing of the tongues does not affect the structural integrity of the frame) and wheels. Manufactured or mobile home parks shall fully comply with the restrictions of this paragraph.

b)

Minimum Standards

1)

Each newly installed manufactured or mobile home in Alto shall conform to the minimum construction standards required by the U.S. Housing and Urban Development and or as allowed by the State of Georgia law before that manufactured or mobile home is entitled to receive any utility service to said manufactured or mobile home. It is the intent of this section of this ordinance to prohibit moving manufactured or mobile homes into Alto that do not conform to the applicable Housing and Urban Development Construction Standards. To that end, no manufactured or Mobile Home shall be allowed to locate for permanent or temporary occupancy in this Town unless that manufactured or mobile home complies with the minimum construction standards required by the U.S. Housing and Urban Development. Provided, however, that any manufactured or mobile home that is located in Alto at the time of the passage of this ordinance shall not be affected by the passage of this ordinance and said existing manufactured or mobile home shall be freely transferable and relocatable in Alto.

2)

If any manufactured or mobile home is damaged or destroyed by fire or other natural disaster, and if said damage or destruction to said manufactured or mobile home results in destruction to fifty (50%) percent or greater of the square footage of the manufactured or mobile home as it existed prior to the destruction, then any reconstruction of the damaged manufactured or mobile home must comply with the minimum construction standards required by the U.S. Housing and Urban Development Department and by the State of Georgia Laws as applicable.

3)

Each new manufactured or mobile home shall be installed such that the finished floor level of the manufactured or mobile home elevation shall not exceed an average height higher than five (5) feet elevation from finished grades.

c)

Landing and Guard Rails.

Each manufactured or mobile home in Alto shall have beneath and descending from each outside door of the manufactured or mobile home a landing and guard rails around said landing, steps with handrails descending to the ground or grade level. The landing, steps and rails must be constructed of all-weather materials or manufactured kits. Furthermore, all construction and/or manufactured kits shall comply with the requirements of the Building Code Ordinance as adopted by Alto including all amendments thereto. All manufactured or mobile homes with current occupancy permits in Alto shall comply with this section. Each newly installed manufactured or mobile home in this Town shall comply with the requirements of this section before an occupancy permit is issued for said manufactured or mobile home.

d)

Adoption of All Codes of Alto.

All manufactured or mobile homes shall comply with the housing codes of the Town of Alto, and or as imposed by the State of Georgia (as amended) including but not limited to the electrical code, the mechanical code, the plumbing code, the gas code, and the building code to the extent that said building code applies to manufactured or mobile homes, and/or as allowed by State Law. Before an occupancy permit may be issued, the building official of Alto shall inspect the manufactured or mobile home to be sure that said home complies with all codes of the Town of Alto. Prior to the location or relocation of a manufactured or mobile home in Alto, Georgia, the owner or contractor shall obtain a building permit prior to the movement of the manufactured or mobile home to its permit site. A building permit fee or inspection fee, as required by the Standard Building Code of Alto, shall be paid to the designated Building Inspection department of Alto to have the issuance of the building permit to locate or relocate the mobile or manufactured home. After location of the mobile or manufactured home at its permit site, the building official shall inspect said home to be sure that it complies with all codes and ordinances of the Town of Alto. The building official shall have no duty to inspect for compliance until such time as the owner, contractor, or relocater of the home pays the inspection fees required under the codes of Alto at the time of issuance of a building permit. Upon determination of compliance with the building codes, as determined by the building officials, the designated Building Inspection Department of Alto may issue an occupancy permit to the owner or contractor of the manufactured or mobile home. After location of the home at its permit site, the building official shall inspect said home to be sure that it complies with all codes of the Town of Alto. The building official shall have no duty to inspect for compliance until such time as the owner or contractor of the manufactured or mobile home pays the inspection fees required under the codes of Alto at the time of issuance of a building permit. Upon determination by the building official, the designated Building Inspection Department of Alto may issue an occupancy permit of the owner or contractor of the manufactured or mobile home.

e)

Contractor.

1)

It shall be the duty of every contractor under this section, who shall make contracts for the location or relocation of manufactured or mobile homes, to pay a license tax of $25.00 each year and to register his name in a book provided for that purpose, which shall be maintained by the Town Clerk, and which shall indicate said contractor's full name, residence, place of business and business phone. It shall be the further duty of every such contractor to give good and sufficient bond in the sum of $10,000.00 to be approved by the Town attorney, with said bond conditioned on the contractor obligated to cause no damage by the location or relocation of the manufactured or mobile home, and that said homes shall conform to this ordinance and the codes of the Town of Alto concerning mobile or manufactured homes.

2)

No contractor, mover, hauler, person, firm, corporation, or other entity shall:

(i)

move a manufactured or mobile home to any location beyond the limits of the lot or parcel of land upon which it presently is located; or

(ii)

move a manufactured or mobile home into Alto; or

(iii)

move a manufactured or mobile home out of Alto without the owner first obtaining a moving permit authorizing such relocation from the Alto official in charge of issuing building permits. Provided, however, this relocation permit shall not be required when a home is moved from the manufactured site to the dealer's place of business or moved within the confines of an existing manufactured or mobile home park.

f)

Payment of Taxes.

It shall be a condition precedent to the issuance of any permit required by this ordinance that the owner of said manufactured or mobile home submit to the Town Clerk of Alto that all state, county, and Town taxes (if applicable) theretofore accruing and payable with the respect that such home have, in fact, been paid. The proof required by this section shall be met when the applicant presents the Town Clerk with either the manufactured or mobile home location decal permit or a receipt for such decal and proof of payment of county and Town taxes. Both these documents (decal or receipt) are issued by Habersham County/ Banks County when the owner of a home pays the taxes due on the home. If the receipt has been lost and the decal has been permanently affixed to the manufactured or mobile home, the applicant may provide the Town Clerk with the permit number and, upon verification by personnel in the Habersham County/ Banks County Tax Office that the taxes on that home have, in fact, been paid, the Town Clerk being satisfied that taxes have been paid, the applicant shall be deemed to have met the proof required by this section.

g)

List of Homes.

Every person, firm, partnership, corporation, or other entity owning or operating a manufactured or mobile home park, and each such entity engaged in the sale or rental of manufactured or mobile homes or lots upon which to place them, shall furnish the Town Clerk on or before the 10 ^th day of each month with a complete list of all manufactured or mobile homes parked, rented, or otherwise located as of the first day of that month upon the property of the entity or in a manufactured or mobile home park operated by the entity.