29-1

Public utilities and public services. The provisions of this Ordinance shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes, of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines or sewer mains, nor with incidental appurtenances such as relay boxes, etc.

29-2

Height:

(a)

Deleted.

(b)

Through lots one hundred fifty (150) feet or less in depth: The height of a building may be measured on such lots from the adjoining curb level on either street.

(c)

Through lots more than one hundred fifty (150) feet in depth: The height regulations and the basis of height measurements on such lots for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from the street.

(d)

Structures permitted above height limit: Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos, gas containers, or similar structures may be erected above the height limits herein prescribed subject to other provisions of this Ordinance, but no penthouse nor roof structure or any space above the height limit shall be allowed for the purpose of providing additional enclosed space for residential, commercial, or industrial use.

29-3

Setbacks:

(a)

Yard regulations modified. Where the yard regulations cannot reasonably be complied with, or their application determined, on lots of peculiar shape, location, or topography, such regulations may be modified as determined by the Augusta, Georgia Board of Zoning Appeals.

(b)

Deleted.

(c)

When a lot adjoins only one lot having a main building (within twenty-five (25) feet of its side lot line) which projects beyond the established front setback line and has been so maintained since March 25, 1963, the front setback requirement on such lot may be the average of the front yard of the existing building and the required front setback, provided, however, the front yard of such lot shall not be less than ten (10) feet.

(d)

Deleted.

(e)

For the purpose of side yard regulations, semidetached and row dwellings with common walls will be considered as one building occupying one lot.

(f)

Front and side yards waived. The front and side yards may be waived for dwellings, hotels, and lodging or apartment houses erected above the ground floor of a building when said ground floor is designed and used exclusively for commercial purposes.

29-4

Projections into yards:

(a)

Porte-cocheres, carports. Such structures may be permitted over a driveway in a side yard, provided such structure is not more than one story in height and thirty (30) feet in length (including storage space), and is entirely open on at least two (2) sides except for the necessary supporting columns, provided, however, said structure does not extend within five (5) feet of the side lot line.

(b)

Eave or canopy. An eave, canopy, or other similar architectural feature may extend into any required yard not more than three (3) feet.

(c)

Open stairway and balcony. An open, unenclosed stairway or balcony, not covered by a roof or a canopy, may extend into a required front yard not more than three (3) feet.

(d)

Open porch. An open unenclosed porch, platform, or deck not covered by a roof or canopy, which does not extend above the level of the first floor of the building, may extend or project into any required yard not more than four (4) feet.

29-5

Minimum lot reduction for underground utilities. The minimum required lot area within an R-1 zoned subdivision may be reduced two percent (2%) when the subdivision is developed with all utilities underground. When such reduction occurs, a utility easement of one and one-half (1½) feet shall be provided along the front property line.

Amended June 2006, Section 29-4(b)