Any building, structure, or use of land existing at the time of the enactment or subsequent amendment of this ordinance [appendix], but not in conformity with its use regulations and provisions, may be continued subject to the following limitations. A nonconforming use shall not be:

6.1.1

Changed to another nonconforming use;

6.1.2

Extended or enlarged except in conformity with this ordinance [appendix];

6.1.3

Re-established after discontinuance for one year; or

6.1.4

Rebuilt, altered, or repaired after damage exceeding 50 percent of the value of the building. The value shall be computed from the amount the building is assessed for tax purposes by the City of Aragon.

All territory which may hereafter be annexed to the City of Aragon shall be classified at the discretion of the mayor and city council until otherwise reclassified as provided herein.

Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established. Such automobile parking or storage space shall be provided with vehicular access to a street or alley and shall be equal in area to at least the minimum requirements for the specific use as set forth below:

6.3.1

If the required automobile parking or storage space cannot be provided on the same lot on which the principal use is located, the board of appeals may permit such space to be provided on other off-street property provided such space is within 500 feet of such principal use. Such space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

6.3.2

All off-street automobile parking and storage space in nonresidential districts shall be so arranged that vehicles will not be required to back onto a public street, road, or highway when leaving the premises.

Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. Such space shall be so arranged that no vehicle is required to back onto a public street, road, or highway in order to leave the premises.

6.5.1

Retail business: One space for each 3,000 square feet of floor area or any part thereof.

6.5.2

Wholesale and industry: One space for each 10,000 square feet of floor area or any part thereof.

6.5.3

Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at any one time.

Cross reference— Parking, standing, and stopping, § 42-71 et seq.

(a)

Video/gaming machine stores. Any business that has any video game machines or devices as defined in the O.C.G.A. § 16-12-20 et seq. which is hereby incorporated herein by reference, shall be required to comply with the following:

(1)

No establishment shall be located nearer than 100 yards of any established church, school or community park. The City of Aragon Police Department shall be responsible for determining the distances herein. The measurement method is a follows: The 100 yards shall be measured from the front door of the business to the front door or front entrance of the church, school or the park.

(2)

The store must comply with all state laws including the gambling laws, as defined in the O.C.G.A. § 16-12-20 et seq., which are hereby made a part of this ordinance [appendix] by reference.

(3)

Any such establishment must close the business to the public no later than 1:00 a.m. Sunday through Thursday and no later than 2:00 a.m. on Friday and Saturday; unless given permission by the City of Aragon.

(4)

No establishment shall be located in any area zoned R-1 or R-2 regardless of the provisions of paragraph 1 herein [subsection (a)(1) of this section].

(b)

Residential care facilities. Any business that provides residential care as defined in the O.C.G.A. § 37-7-110 et seq. or any business that provides housing for a charge or fee for any citizen that suffers from a physical, mental or emotional disability of any nature, or any other state or federal law shall be required to comply with the following:

(1)

No establishment shall be located nearer than 100 yards of any established church, school, community park or a single-family residence. The City of Aragon Police Department shall be responsible for determining the distance herein. The measurement shall be as follows: The 100 yards from the church, school, park or single family residence shall be measured from the front door of the residential care facility to the front door or entrance of the church, school, park or single-family residence.

(2)

The owner must provide a manager or supervisor on site at all times who will be responsible for the care of and supervision of all residents of the facility.

(3)

The owner, operator or supervisor of the residential care facility will assure all of its residents are provided for on site. If a resident of the facility leaves the residential care facility property, the owner, operator or supervisor shall make sure the resident is property supervised and does not create any acts that might affect the health, safety and welfare of the community. The owner, manager or supervisor shall not allow a resident to leave the facility unsupervised unless the resident has the physical and mental capacity to provide for their own safety and welfare unattended. Upon the request of any city official the owner, manager or supervisor shall confine a resident at the residential facility if needed for the health, safety and welfare of the community.

(4)

No establishment shall be located in any area zoned R-1 or R-2 regardless of the provisions of paragraph 1 herein [subsection (b)(1) of this section].

(Ord. of 10-19-2007)

(a)

The purpose of this article [section] is to regulate certain types of businesses, included but not limited to hazardous waste land fields, land fields for general waste, recycling of hazardous waste, propane gas, butane gas or natural gas, or any business which produces, distributes, handles or stores any materials of a hazardous or flammable nature.

(b)

Due to the risk of injury from exposure to the materials located at such business, the following conditions are established:

(1)

All such business must comply with all federal, state and local regulations and provide proof of such compliance to the city clerk.

(2)

The operator of any such business shall make a safety inspection of the business premises at least once a month and record the findings with the city clerk.

(3)

The operator of the business must provide security against any risks to the citizens at all times.

(c)

No business as defined in [sub]section (a) [of this section] shall be located:

(1)

Within 1,000 feet of any parcel of land which is named for or used for residential uses or purposes;

(2)

Within 1,000 feet of any parcel of land upon which a church, school, governmental building, library, civic center, public park or playground are located;

(3)

On less than three acres of land;

(4)

Within any zoning category other than the Manufacturing Industrial District (M).

(Ord. of 6-18-2009, §§ 201—203)