8-1

Permitted uses.

(a)

One family detached dwellings the gross floor area of which is not more than two times the average gross floor area or less than 60% of the average gross floor area of existing homes located on lots in whole or in part within 300 feet of the boundaries of the subject lot. Gross floor area shall include the entire area located under the roof of the principal structure, including finished attics, attached garages, and basements, and it shall be as presented in the online information of the Augusta Richmond County Tax Assessor's Office.

(b)

Fence, walls. A fence, latticework screen or wall in a required side or rear yard shall not exceed six (6) feet in height. A fence, latticework screen or wall located in a required front yard shall be limited to four (4) feet in height. Any fence, wall, or landscape feature located at the corner of intersecting streets described in Section 3-6 of this Ordinance shall be subject to additional restrictions discussed in that subsection.

(c)

Yard Sales provided that no more than two (2), lasting no more than three (3) days per time, are conducted at a single address during a calendar year.

(d)

Accessory buildings and uses as described elsewhere in this section.

(e)

Conservation Subdivisions where the overall density of development including portions of the tract devoted to greenspace does not exceed 3 lots per acre.

(f)

Residential facilities for handicapped persons as defined at 42 U.S.C. 3602 except for such uses that are addressed at 26-1(g), 26-1(p) and 35-10 of this Ordinance.

Prohibited Uses:

Flagpole lots shall not be permitted.

8-2

Special exceptions. The following may be permitted in an R-1 Zone by Special Exceptions:

(a)

Single-family attached and detached dwellings and condominiums developed in accordance with Section 13 provided that the density of dwellings shall not exceed three (3) units per acre.

(b)

Public parking areas, when located and developed as in Section 4 and where the area adjoins a use other than provided for in the R-1 Zone, provided such transitional use does not extend more than one hundred (100) feet from the boundary of the less restricted zone.

(c)

Ponds, whether impoundment or excavations, in excess of the following maximum pond area to lot area ratios may be permitted by Special Exception:

Ponds smaller than the maximum ratios shall be permitted uses by right. Retention or detention ponds approved as part of a Site Plan or Subdivision Development Plan shall also be permitted uses by right. A Grading Plan or a Soil Erosion Plan, depending on the size of the disturbed area shall be submitted and approved before construction of a pond requiring Special Exception commences. Such plan shall include the following statement:

"The pond as shown hereon is the private property of the owner, who has full and perpetual responsibility for the maintenance and repair. The owner releases Augusta, Georgia, from any and all claims, damages, or demands arising on account of or in connection with the design, construction, and maintenance of the pond as shown hereon. Augusta, Georgia, assumes no liability or duty related thereto, and in no manner approves or assumes liability for the design of the pond as shown hereon."

(d)

Construction trailers may be allowed in a subdivision with an approved Development Plan subject to the following criteria:

(1)

A Manufactured Home Permit must be acquired from the Augusta Planning and Development Department for the construction trailer;

(2)

The construction trailer must be located away from the front entrance of the subdivision, preferably in the rear of the subdivision, and in the area of the last homes to be developed in the subdivision. The construction trailer must be located as far as possible from any existing stick-built residential homes in adjoining subdivisions, but in no case shall the construction trailer be located within 150 feet of a site-built residential home located in an adjoining subdivision;

(3)

No sale of lots or homes is to take place from this construction trailer - the construction trailer is to be used for construction related business only;

(4)

The construction trailer is to be tied down, underpinned, have wooden steps with hand-rails and have a gravel parking area. Any outside items need to be maintained in a neat and orderly manner;

(5)

The Owner/Developer must provide the Augusta Planning and Development Department with the following certification: "The Owner/Developer/Contractor will not hold Augusta, GA liable for any claims, damages or demands arising on account of or in connection with the placement of the construction trailer within the subdivision.";

(6)

The construction trailer will be moved off of the subject property within 48 hours of the commencement of the last home in the subdivision - -or The construction trailer must me moved off of the subject property within 48 hours of the expiration of Development Plan approval for the subdivision; and

(7)

Inspection will be made by the Augusta Planning and Development Department every twelve (12) months.

(e)

Sales trailers may be allowed in a subdivision with an approved Development Plan subject to the following criteria:

(1)

A Manufactured Home Permit must be acquired from the Augusta Planning and Development Department for the sales trailer;

(2)

Sales trailers must be located in excess of 500 feet from any public street that is not part of the subdivision, and 150 or more feet from a site-built residential home located in an adjoining subdivision;

(3)

The sales trailer is to be tied down, underpinned, have wooden steps with hand-rails and have a gravel parking area. Any outside items need to be maintained in a neat and orderly manner;

(4)

Areas not left natural or used for parking must be landscaped or sodded;

(5)

The Owner-Developer must provide the Augusta Planning and Development Department with the following certification: "The Owner/Developer/Contractor will not hold Augusta, GA liable for any claims, damages or demands arising on account of or in connection with the placement of the sales trailer within the subdivision;

(6)

Permits for the sales trailer would be issued for one (1) year and could only be renewed at the discretion of the Augusta Planning and Development Department Staff;

(7)

The sales trailer will be moved off of the subject property within 48 hours of the commencement of the last home in the subdivision - or the sales trailer must be moved off of the subject property within 48 hours of the expiration of Development Plan approval for the subdivision; and

(8)

Inspection will be made by the Augusta Planning and Development Department every twelve (12) months in conjunction with the renewal of the Mobile Home Permit.

(f)

Sales offices may be allowed in new subdivisions with approved Final Plats subject to the following criteria:

(1)

Sales offices must be located on lots designated on the approved Final Plats of new subdivisions, must be for sales of lots within that subdivision only, and must adhere to all minimum setback requirements;

(2)

Parking areas for sales offices cannot exceed the normal parking pad for the lot/home and must be comparable in size and construction to other parking pads in the neighborhood. The parking pad must be constructed prior to issuance of the Certificate of Occupancy;

(3)

For subdivisions requiring sidewalks, the sidewalk on this lot must be constructed prior to issuance of the Certificate of Occupancy;

(4)

Areas not left natural or used for parking must be landscaped or sodded prior to the Certificate of Occupancy;

(5)

One real estate or developer's sign less than six square feet in area may be allowed on the property. No banners as defined by Section 28-B-2 of the Comprehensive Zoning Ordinance will be allowed on the property;

(6)

Adjoining lots (whether grassed or graveled) may not be used for parking;

(7)

The sales aspect of the sales office will cease and desist within 48 hours of the commencement of the last home in the subdivision.

(g )

One family detached dwelling the average gross floor area of which is more than two times the average gross floor area or less than 60% of the gross floor area of existing homes located on lots in whole or in part within 300 feet of the boundaries of the subject lot. Gross floor area shall include the entire area located under the roof of the principal structure, including finished attics, attached garages, and basements, and it shall be as presented in the online information of the Augusta, Georgia Tax Assessor's Office.

8-3

Home occupations:

a)

Intent. The conduct of businesses in residential units may be permitted under the provisions of this section. It is the intent of this section to:

1)

ensure the compatibility of home occupations with other uses permitted in residential districts;

2)

maintain and preserve the character of residential neighborhoods; and

3)

permit certain limited home occupations which are useful to both the general community as well as the resident-proprietor.

b)

Required conditions. A home occupation is an activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit subject to the following conditions:

1)

Home occupations shall be limited to personal services such as are furnished by a music teacher, artist, beautician, seamstress, and in-house offices;

2)

Home occupations shall not include retail businesses, manufacturing businesses nor repair businesses;

3)

Home occupations shall be situated in the same dwelling unit as the home of the occupant, and the individual responsible for the home occupation shall live in the dwelling unit;

4)

The home occupation shall not occupy nor affect more than twenty-five percent (25%) of the heated floor area of the dwelling unit. It shall be carried on wholly within the principal building constituting the dwelling unit. No home occupation nor any storage of goods, materials, or products conducted with a home occupation shall be allowed in an accessory building, garage, carport, or porch, attached or detached.

5)

There shall be no exterior indication of the home occupation; no exterior signs nor other on-site advertising visible from the exterior; no audible noise, detectable vibration, inordinate illumination, no odor; no entrance or exit way specifically provided for the conduct of business; and vehicular or pedestrian traffic shall not be generated in volumes greater than would normally be expected by a single family residence.

6)

For home occupations established after November 15, 1983 there shall be no assistants employed. Home occupations established prior to that date may have two assistants.

7)

Where special equipment is used the Building Code of Augusta, Georgia shall govern the size of electrical wiring, plumbing, etc., which must be installed before such home occupation may begin.

8)

When a home occupation is to be conducted on property not owned by the applicant or operator, written permission from the owner is required.

c)

Special use permits. All home occupations shall have Special Use Permits. Special Use Permits shall be granted upon payment of a fee and a finding that a proposed home occupation would conform to the conditions at 8-3(b) and that no detrimental impact upon the surrounding residential area would be expected.

1)

Special Use Permits may be granted administratively by the Executive Director of the Augusta Planning and Development Department for certain home occupations such as computer, telephone, or mail based businesses or offices, or other similar businesses where, in the opinion of the Executive Director, there is no potential for customers to visit the residence, or for excessive mail, truck or other material deliveries to the residence.

2)

For all other home occupations, Special Use Permits shall be granted by the Board of Zoning Appeals.

3)

Applications for all Special Use Permits for home occupations shall be made with the Augusta Planning and Development Department.

4)

Special Use Permits shall be granted to a designated person who resides at a residential address, and they shall not be transferable from person to person, address to address, or use to use.

5)

Special Use Permits, once granted, may be revoked by the Augusta Commission upon advisement by the Augusta Planning and Development Department for cause after a hearing before the former commission.

6)

An individual granted a Special Use Permit for a home occupation has a period of one year from the date of approval to begin operation of the home occupation. Prior to beginning operation of the home occupation a business license must be obtained. Anyone that fails to begin operation of the home occupation within one year time period forfeits the home occupation right previously granted.

7)

A Special Use Permit may be denied if a home occupation could be hazardous or injurious to the welfare of the community or if compliance with the requirements of this section has not been met.

d)

Family day care homes - may be granted Special Use Permit administratively by staff as provided for at 8-3(c)(1) if they conform to the criteria set at 8-3(b), 26-1(f), and the following special criteria. Those applicants for family day care homes that conform to 8-3(b) and 26-1(f) but do not conform to the special criteria may be approved by Special Exception as provided for in Section 26. Special criteria for staff approval of Family Day Care Homes are:

i.

Applicant must live in the home

ii.

Home has public sewerage or applicant has a letter of approval from the Richmond County Board of Health

iii.

Home is not in the floodplain

iv.

Applicant must provide proof of application for registration from the Georgia Department of Human Resources Day Care Licensing Unit

v.

The lot on which the family day care home would be located is 10,000 square feet in area or greater

vi.

Hours of operation would not be greater than 6:00 A.M. to 8:00 P.M.

vii.

No persons listed with Richmond County Sex Offenders Registry reside within 1,000 feet of the property.

8-4

Accessory building. Accessory buildings not more than one (1) story and no more than 18 feet in height as measured in Section 2: "Building Height." The accessory structure shall not be taller than the primary structure when viewed from the street. Accessory structures may be constructed in the R-1 Zone, subject to the following restrictions:

(a)

All accessory buildings shall have the side yard setback required for principal structures as specified elsewhere in this Ordinance.

(b)

All accessory buildings shall have a rear yard setback of not less than ten (10) feet, including eaves and other overhanging portions of the structure.

(c)

Except for carports and detached garages, accessory buildings shall not permitted in any front yard. Carports and freestanding garages shall conform to the front setback requirements for principal structures.

(d)

Where the rear yard abuts upon a street, no accessory building shall be closer to the rear lot line than the required setback for the zone.

(e)

That the maximum total gross floor area of all accessory buildings on a lot shall be based on the area of the lot upon which they are located. The maximum gross floor area for accessory buildings shall be as follows:

(f)

Accessory buildings shall not be designed and used for residential purposes. They shall not contain sleeping, bathing or cooking facilities. If an accessory building contains cooking facilities of any description, then a deed restriction must be recorded stating that the accessory building is not a residential structure and can never be occupied s such before a permit may be issued. Accessory buildings may not be used to conduct home occupations or serve as home offices. In no case may an accessory building have a separate electrical service.

8-5

Deleted.

8-5.1

TV satellite dish antenna as an accessory use. TV Satellite dish antennas shall be permitted as an accessory use in the R-1 Zone. All TV satellite dish antennas shall adhere to the setback requirements for accessory structures, except that no regulated satellite dish antenna may be located in any front yard. TV Satellite dishes less than one (1) meter in diameter shall not be regulated.

8-6

Height. No building or structure hereafter shall be erected, constructed or altered in an R-1 Zone to exceed a height of two and one-half (2½) stories or forty-five (45) feet.

8-7

Area. Every lot in an R-1 Zone shall have a minimum width of one hundred (100) feet and minimum area of 15,000 square feet. Irregularly-shaped lots shall measure a minimum of one hundred feet in width along the building setback line.

8-8

Setbacks:

(a)

Front setback. There shall be a front yard setback in an R-1 Zone of not less than thirty (30) feet from any structure to the front lot line on minor or local streets and a front setback of forty (40) feet from any structure to the front lot line on all other streets and highways. For lots in Residential Subdivisions, approved after adoption of this Section, where a sixty (60) foot or greater right-of-way is utilized and such lots are approved by the Augusta Planning and Development Department, there shall be a front setback or not less than twenty-five (25) feet from any structure to the front lot line on minor or local streets.

Where a lot is situated in a block face with non-uniform front setbacks, the minimum front setback requirement on such lot shall be the average of the front yards of the existing structures on the block face. In the event the average front setbacks of the block face exceed fifty (50) feet, there shall be no setback requirement greater than a distance of fifty (50) feet from the front of the building to the front lot line. If there are less than two (2) existing structures located within 500 feet on either side of the lot in question, then the provisions regarding non-uniform lots shall not apply.

(b)

Side setback. The side yard setback for principal structures in an R-1 Zone are as follows:

(1)

Lots having a width of fifty-five (55) feet or less shall have two (2) side yards each having a width of not less than five (5) feet.

(2)

Lots having a width of fifty-six (56) to seventy (70) feet shall have two (2) side yards each having a width of not less than seven (7) feet.

(3)

Lots having a width of over seventy (70) feet shall have two (2) side yards each having a width of not less than ten (10) feet.

(c)

Rear setback. There shall be a rear yard setback for lots in an R-1 Zone of not less than twenty percent (20%) of the depth of the lot but such yard need not exceed fifty (50) feet.

8-9

Lot coverage. Not more than thirty percent (30%) of the area of a lot in an R-1 Zone may be covered by buildings or structures, provided that such lot coverage need not be reduced to eight hundred (800) square feet.

8-10

Special exceptions. Any use established as a result of a special exception granted per Subsection 8-2 must be initiated within six (6) months of the granting, or the Special Exception shall no longer be valid. The initiation of a use is established by the issuance of a valid business license by the Augusta Planning and Development Department or by other reasonable proof of the establishment of vested rights. If a Special Exception is granted and the use is initiated but later ceases to operate for a period of one (1) year, then the Special Exception shall no longer be valid.

Amended - February 2018 - Section 8-1 - prohibited uses

Amended - January 2017 - Section 8-4

Amended June 2008 - Section 8-3(d)

Amended August 2008 - Section 8-1(a)

Amended June 2008 - Section 8-1(f)

Amended January 2008 - Section 8-4(e) (f)

Amended Sept. 2004, Section 8-10

RESIDENTIAL DISTRICT CLASSIFICATION