All city, county and state of Georgia approvals that are required for the use of the land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted by him/her with his/her request for a development permit, building permit or an occupancy certificate. The city planner shall provide a list of agency approvals that are required.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

All structures shall meet the requirements of all adopted codes in effect including, but not limited to, building codes, plumbing code, electrical code, fire prevention code, and housing code. Where such codes exceed the minimum requirements of this title, the stricter provisions shall apply.

(Ord. 265A (part), 2001)

For all residential subdivision, business and industrial developments fronting on a state highway, no building or development permits shall be issued until the approval of the Georgia Department of Transportation has been obtained by the applicant on entrances and exits, curb radial, drainage and other matters that are the appropriate concern of the Georgia Department of Transportation.

(Ord. 265A (part), 2001)

All developments within the city shall comply with current erosion and sedimentation control regulations of the city, and with the rules and regulations of the environmental protection division of the state of Georgia Department of Natural Resources.

(Ord. 265A (part), 2001)

For any use not listed in this title, the city planner shall determine the proper requirements by classifying the proposed use among the uses which are listed and assigning the use or appropriate zoning districts. It may also be determined that there is not a district which would allow the proposed use, and that such use is not allowed within the city. Such decision may be appealed under Section 17.150.070, Appeals to the zoning board of appeals.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

A.

All dwelling units shall have a minimum heated finished living area, excluding a basement, attic, carport or garage, as provided for in Chapter 17.90, Use Provisions, for each residential zoning classification of this title.

B.

All single-family residential detached dwellings constructed after June 15th, 2000, shall be constructed with a minimum two car garage which shall be attached to the dwelling which they serve.

C.

A person shall not enclose or convert any existing garage or carport to living space on any home, without erecting on his or her lot a replacement garage or carport of equivalent size, and all alterations or new construction shall be of like design and materials to match the principal use building.

(Ord. 265A (part), 2001)

Height, area, and yard requirements shall be met in all districts unless the applicant is granted a variance by the board of zoning appeals.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 3, 8-7-08)

Within residential districts, only excepting group developments, not more than one principal building or structure or use and its customary accessory buildings and uses shall be permitted on any lot.

In nonresidential districts, more than one structure housing a principal permitted use may be erected on a single lot, provided that yard and other requirements of this title shall be met for each structure as though it were on an individual lot.

(Ord. 265A (part), 2001)

A.

Accessory structures shall be permitted only in rear yards, except as otherwise provided in this title. No accessory structure shall be erected on a lot prior to the time of construction of the principal building to which it is accessory:

1.

On the same lot; or

2.

On an adjoining lot in joint or common ownership.

3.

Collection boxes or other such structures for depositing apparel, books, furniture or any other household items are prohibited in all zoning districts.

Any accessory use or structure, except walls, fences, driveways and landscaping, shall be set back not less than five feet from any lot line.

B.

In an R (residence) district, accessory uses customarily located within rear yards of residences may include but shall not be limited to the following:

1.

Only one storage building may be located or erected on any residential lot;

2.

Patios;

3.

Swimming pools provided they are enclosed within a four foot high fence which automatically latches;

4.

Dog runs, dog pens and houses;

5.

Detached garages (a detached garage is separate and distinct from a storage building). Detached garages greater than two hundred fifty square feet shall be stick built with wood or other firm and stable interior framing materials and may only be installed if approved as a special exception. Garages greater than two hundred fifty square feet must also meet all side yard set-back requirements;

6.

Tennis courts;

7.

Playground equipment; and

8.

Fences and walls as permitted in Section 17.70.010.

C.

In an R (residence) district, accessory uses customarily located within front or side yards of residences may include but shall not be limited to the following:

1.

Walls and fences as permitted in Section 17.70.010.

2.

Mailboxes;

3.

Driveways and sidewalks;

4.

Lamp posts;

5.

Landscaping;

6.

Vegetable gardens, provided they do not exceed thirty percent of the front yard; and

7.

Basketball goals adjacent to driveways.

D.

Except as provided herein, accessory buildings and structures shall observe the following setback requirements adjacent to all property lines and right-of-way:

1.

Up to one hundred square feet in area: five-foot setback.

2.

One hundred one to three hundred square feet: ten-foot setback.

3.

Three hundred one to five hundred square feet: fifteen-foot setback.

4.

Over five hundred square feet: twenty-foot setback.

E.

In all residential zoning districts, except AG, the following requirements shall apply to all accessory buildings:

1.

The maximum cumulative total square footage of all accessory buildings shall be based on lot size as follows:

a.

Lots under ten thousand five hundred square feet: one hundred twenty square feet in area.

b.

Lots ten thousand five hundred one square feet to 0.99 acre: five hundred square feet in area.

c.

Lots 1.00 acre to 1.99 acres: six hundred fifty square feet in area.

d.

Accessory buildings on lots 2.00 acres and larger shall not exceed fifty percent of the square footage of the principal structure, up to a maximum one thousand square feet in area.

F.

Accessory buildings greater than one hundred twenty square feet in floor area shall abide by the following design guidelines subject to review and approval of the director of community development:

1.

Exterior walls shall be finished with brick or stone or with materials and colors similar to that of the principal building.

2.

Internal floors shall be a solid surface and constructed with materials such as, but not limited to, concrete or wood. Gravel and dirt floors are prohibited.

3.

Roofing materials and colors shall match that of the principal building. Roof pitch shall be commensurate with the roof pitch of the principal building.

4.

Building height shall not exceed eighteen feet.

No accessory uses or structures, except driveways, mailboxes or landscaping shall be located within a public right-of-way.

(Ord. 265A (part), 2001)

(Ord. No. 10-010, § 1, 6-3-10; Ord. No. 19-004, 8-1-19)

The city has been found to be located on a groundwater recharge area as designated by the environmental protection division of the state of Georgia Department of Natural Resources. The protection of groundwater resources is therefore mandated through this title by establishing minimum lot sizes for lots to be served by an individual septic tank.

In no event shall any single family residence to be served by a septic tank be allowed on a lot containing less square footage than the square footage required by the Board of Health and the minimum lot size requirements for lots with individual septic tank development as stated within this title. Residential developments served by a properly approved and permitted community sewer system shall be required to meet the minimum lot size for lots to be served by such a system.

(Ord. 265A (part), 2001)

Except for stormwater retention facilities, no buildings, structures, or obstruction to storm water flow shall be erected within the limits of the maximum flood elevation of one hundred year recurrence interval storm.

(Ord. 265A (part), 2001)

On lots having frontage on more than one street that intersects in front of the lot, the minimum front yard shall be provided for each street.

(Ord. 265A (part), 2001)

No building or structure shall hereafter be erected on a lot that does not abut for at least forty feet upon an open street which shall be a publicly dedicated and maintained street.

(Ord. 265A (part), 2001)

In all zoning districts, except the central business district, no fence, wall, structure, shrubbery or other obstruction to vision between the heights of two and one-half feet and ten feet, except utility poles, light or street sign standards or tree trunks shall be permitted within twenty feet of the intersection of the streets, roads, highways or railroads.

(Ord. 265A (part), 2001)

For the purpose of this title, all of the streets, roads and highways in the city are classified as local streets, minor or major collector streets, minor, major, residential or principal arterial streets and freeways. These same streets and roads will also be known as interstate routes, U.S. or state routes, county roads and local street or roads.

The classification of each street in Auburn is shown on the official road classification map of the city, which is kept on file in the city hall.

(Ord. 265A (part), 2001)

As a prerequisite for the issuance of a Development Permit, right-of-way shall be dedicated at no cost to the city along all abutting public streets. The amount of required dedication shall be that as established by the official road classification map of the city.

(Ord. 265A (part), 2001)

All buildings constructed of metal, where any exterior wall or facade of such building abuts upon any public street shall have the exterior wall or facade of such building of such construction as to have a minimum of architectural treatment of brick, glass, wood, stucco or stone. The exterior wall or facade of any metal building abutting upon any public street shall not have the appearance of a metal building.

(Ord. 265A (part), 2001)

Customary home occupations shall meet the following requirements:

A.

The home occupation shall have written approval of the owner of the property.

B.

The home occupation shall be operated only by the members of the family residing on the premises.

C.

The home occupation shall be restricted to the main building only and shall not occupy more than twenty-five percent of the floor area within said principle use.

D.

There shall be no exterior evidence of the conduct of a home occupation. The home occupation shall be conducted only within the enclosed living area of the home (including basement, if any). There shall be no display or storage of products, materials or machinery where they may be visible from the exterior of the residence.

E.

The home occupation shall not involve group instruction or group assembly of people on the premises.

F.

The home occupation shall not generate obnoxious odors, glare, noise, vibration, electrical disturbance or radioactivity, or other conditions detrimental to the character of the surrounding area.

G.

The conduct of the home occupation shall neither increase the normal flow of traffic nor shall it increase either on-street or off-street parking.

H.

No equipment may be utilized or stored in the conduct of the home occupation except that which is normally used for purely domestic or household purposes. Said items may only be those produced on the premises or incidental supplies necessary for and consumed in the conduct of the home occupation. Samples, however, may be kept on the premises but neither sold nor distributed from the residence.

I.

The sign identifying or advertising the home occupation shall not exceed two square feet and shall be only allowed as a wall sign on the principal use structure.

J.

The building in which the home occupation is to be located must be an existing structure ready for occupancy and not a proposed structure.

K.

One business vehicle (a trailer is considered as a separate vehicle), used exclusively by the resident is permissible. This vehicle must be parked in a carport, garage, side yard or rear yard. This vehicle shall be no larger in size than a pick-up truck, panel truck or van, nor shall it have a carrying capacity of more than one and one-half tons.

L.

The entrance to the home occupation shall be through the same entrances provided the home and shall be freely accessible to remaining home.

M.

Customary home occupations may include, but are not limited to the following.

1.

The accommodation of not more than two boarders or roomers;

2.

The office of a professional person where clients do not visit the premises to receive service except as otherwise permitted within this title;

3.

Art studio, dressmaking, sewing, canning, baking;

4.

Teaching individual musical instruments, dance, or academic pupils, one at a time;

5.

The care of not more than six children for compensation.

N.

A customary home occupation specifically does not include the following:

1.

Dancing or band instrument instruction in groups;

2.

Florists or flower shops;

3.

Tearooms and restaurants;

4.

Tourist homes, boarding houses or rooming houses;

5.

Beauty parlors or shops and barbershops;

6.

Fish hatcheries, worm farms or bait houses;

7.

Offices for real estate salesmen or brokers;

8.

Convalescent and nursing care facility;

9.

Kennels and animal hospitals;

10.

Clinics and hospitals;

11.

Retail sales;

12.

Firewood sales.

(Ord. 265A (part), 2001)

The outdoor storage of inoperative automobiles, auto parts, machinery, equipment, used building materials, trash, solid waste, appliances and similar items and materials shall be limited to junk yards and to those commercial enterprises requiring short-term storage of items being repaired.

Outdoor storage of materials or equipment, sold or used in conjunction with an approved permitted use is permitted in a zoning district which permits outdoor storage.

(Ord. 265A (part), 2001)

(Ord. No. 19-003, 7-2-19)

Any automobile, truck, vehicle or trailer of any kind or type, shall not be parked or stand on any private property or public roads and is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering and vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare and, when on a public roadway, to create a traffic hazard and endanger public safety.

This section shall not be the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles or contrivances within the city limits, but shall be supplemental and in addition to the other regulations and regulatory codes, ordinances, statutes or provisions of law heretofore and hereinafter enacted by city, county, state, or other legal entity or agency having jurisdiction.

A.

Conditions Describing a Junked Vehicle.

An inoperative or junk condition shall include, but not be limited to any automobile, vehicle, trailer of any kind or type, or contrivance or 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.

B.

Junked Automobiles Which Would Be Permitted Within the City Limits.

The following conditions allow the parking or standing of a junked vehicle on any property within the city.

1.

One junked vehicle enclosed within a building on residentially zoned property provided the occupant of the home is in the process of reconditioning the vehicle for his or her personal use and for the purpose it was manufactured for;

2.

The vehicle is on the premises of a business enterprise operated in a lawful manner for the purpose of repairing, reconditioning or remodeling of the vehicles in conformance with the requirements for an automobile impoundment yard, an automobile repair garage or other such similar use. Such vehicles shall not be stored for the purpose of salvage of parts but shall be in continual process of repair or reconditioning;

3.

The vehicle is on the premises of a business enterprise operated in a lawful manner and licensed as a junkyard under the provisions of this title.

C.

Definition of abandoned, junked, and inoperable vehicle:

For purposes of this chapter, a motor vehicle, trailer of any kind or type, or contrivance or part thereof, shall be deemed to be discarded, abandoned, dismantled, wrecked, scrapped, ruined, inoperable or junked personal property if it is not operational for its intended purpose or exhibits any of the following characteristics: flat tires, no tires or wheels, dismantled or partially dismantled, being used for storage, or covered in blight/mildew.

(Ord. 269 § 1, 2002; Ord. 265A (part), 2001)

(Ord. No. 10-016, § 1, 10-7-10; Ord. No. 19-003, 7-2-19)

Uses of land and buildings which are incompatible with existing and future development within the city limits of the city and are prohibited in all districts. The planning commission, city planner or the city council do not have the authority to grant variances or special exceptions for these prohibited uses. Prohibited uses are as follows:

A.

Yards for the sale, transfer, or temporary holding of livestock;

B.

Poultry killing, plucking and dressing;

C.

Meat packing, slaughtering, eviscerating and skinning;

D.

Rendering of byproducts of slaughtering and killing animals or poultry.

E.

The use of equipment which causes off-site radio or television interference;

F.

Electric and barb wire fences shall be prohibited in residential districts.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

Division 1.

Generally

A.

Title. The title of this section shall be the "Auburn Property Maintenance Ordinance" and may be cited hereinafter as "this division."

B.

Purpose. The purpose of this division is to establish minimum requirements and standards for premises and structures in order to promote and protect the public health, safety, convenience, order and general welfare of the citizens of the city.

C.

Scope. This article shall apply to all existing structures and premises and constitute minimum requirements and standards for existing structures and premises.

D.

Interchangeability. Words stated in the present tense include the future. Words stated in the masculine gender include the feminine and neuter. Words stated in the singular number include the plural and the plural the singular.

E.

Definitions. Terms not defined herein shall have their meaning as defined in the zoning resolution, the development regulations, and the construction code, or in the absence of the definition, words shall have their common dictionary definition. Whenever the words "dwelling unit," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this section, they shall be construed as though they were followed by the words "or any part thereof." The following definitions shall apply in the interpretation and enforcement of this division:

1.

"Bathroom" means a room containing plumbing fixtures including a bathtub or shower.

2.

"Bedroom" means any room or space used or intended to be used for sleeping purposes.

3.

"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

4.

"Exterior property" means the open space on the premises and on adjoining property under the control of owners or operators of said premises.

5.

"Garbage" means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

6.

"Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

7.

"Maintenance" means the act of keeping property, structures or vegetation in a proper condition so as to prevent their decline, failure or uncontrolled growth. "Maintenance" shall include, but not be limited to proper maintenance of premises/structures, such as decks and porch railings and surfaces; keeping such structures free of algae, mold, mildew or other discoloration of surfaces that would be commonly seen as a public health hazard or nuisance, therefore potentially decreasing property value and contributing to community blight; and keeping structures properly finished with appropriate paint or stain, as to prevent rot and decay.

8.

"Occupancy" means the purpose for which a building is utilized or occupied.

9.

"Occupant" means any individual living or sleeping in a building; or having possession of a space within a building.

10.

"Owner" means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the county in which the property lies as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any said person if ordered to take possession of real property by a court.

11.

"Premises" means a lot, plot or parcel of land including any structures thereon.

12.

"Toilet room" means a room containing a water closet or urinal but not a bathtub or shower.

F.

Penalties.

1.

Fine and/or Sentence. Any person convicted by a court of competent jurisdiction of violating any provision of this article shall be guilty of violating a duly adopted ordinance of the city and shall be punished either by a fine not less than two hundred fifty dollars per day and not to exceed one thousand dollars per day, or by a sentence of imprisonment not to exceed sixty days in jail, or both a fine and jail or work alternate. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

2.

Powers of the Court. The municipal court shall have the power and authority to order the violation corrected in compliance with this article and the court may require payment of restitution or impose other punishment allowed by law.

3.

Other Legal Remedies. In any case in which a violation of this division has occurred, the city, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate the unlawful use or activity.

Division 2.

Residential Occupancy Limitations

G.

Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

H.

Minimum Room Widths. A habitable room, other than a kitchen, shall not be less than seven and one-half feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances, counter fronts and closets or counter fronts and walls.

I.

Minimum Ceiling Heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet.

Exceptions:

1.

In one and two family dwellings, beams or girders spaced not less than four feet on center and projecting not more than six inches below the required ceiling height;

2.

Basement rooms in one and two family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches with not less than six feet four inches of clear height under beams, girders, ducts and similar obstructions;

3.

Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven and one-half feet over not less than fifty percent of the required minimum floor area. In calculating the floor area of said rooms, only those portions of the floor area with a clear ceiling height of five feet or more shall be included.

J.

Bedroom Requirements.

1.

Area for Sleeping Purposes. Every bedroom occupied by one occupant shall contain at least seventy square feet of floor area, and every bedroom occupied by more than one occupant shall contain at least fifty square feet of floor area for each occupant thereof.

2.

Prohibited Occupancy. Kitchens and uninhabitable spaces including, but not limited to, living rooms, dining rooms, laundry rooms, closets, foyers, unfinished and nonconforming attics, and unfinished and nonconforming basements shall not be used for sleeping purposes.

K.

Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table K as follows:

Table K

Minimum Occupancy Area Requirements

Note a. See subsection (K)(2) of this section for combined living room/dining room spaces.

Note b. See subsection(K)(1) of this section for limitations on determining minimum occupancy area for sleeping purposes.

1.

Sleeping Area. The minimum occupancy area required by Table K shall not be included as sleeping area in determining minimum occupancy area for sleeping purposes. All sleeping areas shall comply with subsection (J)(1) of this section.

2.

Combined Spaces. Combined living room and dining room spaces shall comply with the requirements of Table K if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

Division 3.

Enforcement, Unlawful Acts and Notice of Violation

L.

Enforcement. This division shall be enforced by the code enforcement officer, police department.

M.

Unlawful Acts. It is unlawful for a person, firm or corporation to be in conflict with, or in violation of this division.

N.

Severability. If any portion of this section is deemed to be unconstitutional or otherwise unenforceable, it is the express intention of the mayor and council that said provision be severed from the remainder of this section and let the remainder of this section remain in full force and effect as if adopted without the offending provision.

(Ord. 06-005, 2006; Ord. No. 20-002, 6-4-20)

The provisions of this subsection shall apply to each new subdivision or development consisting of more than five residential lots in the AG, R-100, PUD, PSV, RM-D or CCD district. Prior to the issuance of any building permit, the owner or developer shall record with the clerk of superior court a declaration of restrictive covenants providing for a mandatory homeowners' or property owners' association. The declaration of restrictive covenants of the mandatory owners' association shall include a statement limiting the number of leased or rented homes to no more than ten percent of the total number of units in the development. The declaration shall also require owners wishing to lease their property to obtain a written permit from the owners' association prior to renting or leasing.

(Ord. No. 25-005, 6-12-25)