5.1.1 No building, structure, land, lot or portion of a lot shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, unless the use or occupancy is in conformity with the codes and ordinances in effect in Bartow County at the time a permit is issued, or application made for a permit, and all of the regulations herein specified for the district in which it is located. Nonconforming uses are discussed in Sec 6.1.

5.1.2 There shall be only one principal use per lot. Based on the zoning district, however, there may be similar multiple users on a nonresidential property - examples would be multiple tenants in a commercial retail center and multiple tenants in an industrial warehouse/distribution facility. Only accessory uses that are accessory to that principal use shall be permitted. See also Sec. 5.3.

5.1.3 This Ordinance regulates zoning. The Bartow County Building Code Ordinance and the County Building Inspections Department should be consulted for applicable State Standard Minimum Codes applying to construction, repair and renovation. The Bartow County Board of Health and the Bartow County Health Department should be consulted for applicable health regulations relating to on-site sewage management systems (i.e., septic systems) and regulation for swimming pools, food service, tourist courts and other potentially applicable regulations. Development shall be in accordance with the Bartow County Development Regulations, and the Engineering Department should be consulted for those requirements.

(Ord. of 7-21-2021(4))

5.2.1 Yards must remain open space, unobstructed by buildings or structures, except as otherwise permitted, such as accessory buildings in the rear or side yard.

5.2.2 No part of a yard, or other open space, or off-street parking or loading space required about, or in connection with, any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(Ord. of 7-21-2021(4))

5.3.1 Only one principal use is permitted per lot or tract. Based on the zoning district, however, there may be similar multiple users on a nonresidential property - examples would be multiple tenants in a commercial retail center and multiple tenants in an industrial warehouse/distribution facility.

5.3.2 Every building or structure hereafter erected shall be located on a lot or tract as defined herein and there shall not be more than one principal building on one lot, plus its accessory buildings with the following exceptions: commercial, industrial, and multi-family zoned properties may have multiple buildings.

5.3.3 Accessory buildings and structures in residential zoning districts as well as A-1 zoned properties are permitted only in the side or rear yard and shall not be less than ten (10) feet from the side and rear property lines, and shall also meet all buffer requirements, if applicable, with the following exception: an accessory building (not an accessory dwelling unit) may be allowed in the front yard if 100 ft or greater from the front property line. On lots having frontage on more than one street in any district, the front setback figure shall apply to each street. No part of an accessory structure may be built closer to the street than the existing front building line of the principal structure unless the accessory structure is 100 ft or greater from the front property line. On lots of less than two (2) acres, there shall be no more than three (3) accessory buildings, including any detached garages. Accessory buildings are not permitted on residential lots or substandard (less than two acres in size) A-1 zoned properties without a primary structure. On lots less than two acres, no accessory structure shall exceed fifty (50) percent of the size of the principle building or structure. Variance applications to allow front yard accessory buildings are discouraged, and in all cases an accessory building, if proposed in front of a residence in the front yard, must be a minimum of 50 ft from the front property line - this setback cannot be varied.

5.3.4 Temporary accessory structures (for example, mobile storage containers) may be located in any yard (including front yards) for no longer than fourteen (14) days. After that time period, any such structure must be removed.

5.3.5 Accessory Dwelling Units (such as a guest house, pool house or garage apartment) are allowed in residential zoning districts and A-1 zoned properties with the following standards:

A.

No more than one (1) accessory dwelling unit per lot. A single-family dwelling unit must exist on the lot or be constructed in conjunction with the accessory unit.

B.

The structure shall be owner-occupied or by relatives or guests only, and cannot be used as rental property.

C.

Heated floor area shall not exceed fifty (50) percent of the heated floor area of the principal building, or one thousand (1,000) square feet, whichever is less.

D.

The structure must meet all accessory building setbacks and not be located closer to the street than the principal building.

E.

The structure shall not exceed the height of the principal building on the lot.

F.

The accessory unit shall not be sold separately or be subdivided or otherwise segregated in ownership from the principal dwelling unit, or the land on which the principal dwelling unit is located.

G.

The unit must have a living or sleeping quarters and sanitation facilities.

H.

An accessory dwelling unit shall comply with the standard building codes as set forth in Section 18-31 of the Bartow County Building Code.

I.

Recreational vehicles, manufactured homes, trailers, tiny homes, storage buildings, shipping containers and other non-residential buildings are not eligible to be considered accessory dwelling units.

(Ord. of 7-21-2021(4); Ord. of 12-6-2023(4), § I)

5.4.1 No building or other structure may be erected in a front, side or rear setback, except for driveways, walkways, structural retaining walls, detention ponds, and patios (but not elevated decks, or cantilevered overhangs). Eaves and stairs may protrude no more than three feet into a setback.

5.4.2 On lots having frontage on more than one street in any district, the front setback figure shall apply to each street.

5.4.3 The Zoning Administrator shall be empowered to grant an administrative variance (under Sec. 14.1) to development setbacks for a maximum of twenty (20) percent.

(Ord. of 7-21-2021(4))

5.5.1 Lot reduction. It is not permitted to reduce an existing lot below minimum standards. Specifically, no lot shall be reduced in size so that the mandatory lot frontage or depth; front, side or rear yard; width at building line; or lot area are not maintained. Lots of record that do not meet existing standards may not be reduced. This section shall not apply when a portion of a lot is acquired for public purposes.

5.5.2 Illegal lots. It is not permitted to split or subdivide any lot if any of the resultant lots are under the minimum size lot allowed in the zoning district. Creation of a new lot under the minimum size requirement of the relevant zoning district is not permitted, nor is leaving a remnant under the minimum size requirement. It is not permitted to reduce an existing lot's size under the minimum size requirement. Any subdivision or creation of a substandard lot is illegal, and shall not create any vested right nor permit any non-conforming use.

5.5.3 Substandard single lots. Where the owner of a lot of record or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this Ordinance, such lot may be used as a building site for a conventional single-family residence in a district where residences are permitted. If a substandard A-1 lot is in a platted subdivision, the zoning administrator may determine if a non-conventional single-family residence (manufactured home) may be allowed. A determining factor for consideration is whether non-conventional single-family residences exist on at least eighty percent (80%) of the lots.

5.5.4 Substandard adjoining lots. If two or more adjoining lots with continuous frontage are in a single ownership at any time after September 22, 1993 (the date this provision was initially imposed) and such lots individually are too small to meet the yard, width, and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this Ordinance.

5.5.5 The County reserves the right to take legal action to reverse illegal lot creations, illegal lot splits, or other actions in violation of this section, including creation of substandard-sized lots or remnants.

(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), § V)

5.6.1 No new lot shall be created, nor shall any principal building be erected, on any lot which does not have immediate frontage, of a minimum amount as specified below, on at least one existing public road (meaning a County road or State highway) or on a newly created internal street in a development. The only exception to this requirement is detailed below in Sec. 5.6.7. The minimum road frontage requirements are defined below based on the underlying zoning district.

5.6.2 A-1. For existing tracts of land zoned A-1, and located on existing public roads, a minimum of 150 feet of road frontage is required. For new developments in A-1 with internal streets, a minimum of 100 feet of road frontage is required, 50 feet on cul-de-sacs. For new proposals to subdivide land, each lot shall have public road frontage where possible - a back lot, or landlocked lot, shall not be proposed if the parent lot/tract/parcel has adequate public road frontage to be subdivided in which each lot would have public road frontage. Example: a proposed subdivision of land with 300 ft or more of public road frontage would have adequate road frontage for the parent lot/tract/parcel and the proposed sub-lot/tract/parcel.

5.6.3 R-1, R-2, R-3, R-4, R-7, R-8. For existing tracts of land zoned R-1, R-2, R-3, or R-4, and located on existing public roads, a minimum of 150 feet of road frontage is required. For new developments in R-1, R-3, and R-4 with internal streets, a minimum of 100 feet of road frontage is required, 25 feet on cul-de-sacs. For new developments in R-2 within internal streets, a minimum of 65 feet of road frontage for duplex is required; a minimum of 90 feet of road frontage for triplexes and/or quadplexes is required. For new developments in R-7, a minimum of 200 feet of road frontage is required. For new developments in R-8 with internal streets, a minimum of 50 feet of road frontage is required, 35 feet on cul-de-sacs. For new proposals to subdivide land, each lot shall have public road frontage where possible - a back lot, or landlocked lot, shall not be proposed if the parent lot/tract/parcel has adequate public road frontage to be subdivided in which each lot would have public road frontage. Example: a proposed subdivision of land with 300 ft or more of public road frontage would have adequate road frontage for the parent lot/tract/parcel and the proposed sub-lot/tract/parcel.

5.6.4 RE-1, RE-2. For existing tracts of land zoned RE-1 and RE-2, and located on existing public roads, a minimum of 150 feet of road frontage is required. For new developments in RE-1 and RE-2 with internal streets, a minimum of 100 feet of road frontage is required, 50 feet on cul-de-sacs. For new proposals to subdivide land, each lot shall have public road frontage where possible - a back lot, or landlocked lot, shall not be proposed if the parent lot/tract/parcel has adequate public road frontage to be subdivided in which each lot would have public road frontage. Example: a proposed subdivision of land with 300 ft or more of public road frontage would have adequate road frontage for the parent lot/tract/parcel and the proposed sub-lot/tract/parcel.

5.6.5 O/I, C-N, C-1, I-1, I-2, BPD, M-1. Any new lot zoned O/I, C-N, C-1, I-1 and I-2, or any tract of land rezoned to O/I, C-N, C-1, I-1 or I-2, must have at least 100 feet of road frontage. For any lot zoned BPD, a minimum of 50 feet of road frontage is required. For any lot zoned M-1, a minimum of 200 feet of road frontage is required.

5.6.6 The Zoning Administrator has authority to administratively adjust the requirements in this Section under the procedures of Sec. 14.1, except that the maximum reduction granted may be up to 50% with the limitation that, where located on existing public roads, the maximum reduction could be from 150 ft to 100 ft by administrative adjustment.

5.6.7 Private Driveways and Easements. Multiple houses off private driveways and easements create public safety and road access problems. Therefore, no more than two lots or dwellings sharing one private easement or driveway shall be allowed. There shall only be one lot allowed to be subdivided from a parent parcel that does not have public road frontage, in which case this back lot, or landlocked tract, shall be a minimum of five (5) acres in size and shall have a minimum 30 feet in width access easement from the public road frontage property line to the back lot or landlocked tract. This easement shall be shown and noted on a proposed lot spit survey or subdivision plat. No further subdivision will be allowed unless a street is constructed to county standards, whether it remains private or dedicated to the county. Only one private easement is allowed per parent tract. Prior to full determination, the county engineer or his or her designee shall review the proposal based on the development regulations, which may apply and/or supersede the following standards. If the Board of Zoning Appeals grants additional lots in excess of two off of private easements or driveways, the following applies:

a.

The easement shall be at a minimum 30 feet in width, surfaced to a minimum of 6 inches of depth of crusher run stone, and the crusher run stone shall be at least 16 feet in width. The easement can be paved on top of the crusher run at the option of the applicant. The easement must meet this standard from the public street to the driveway of the newly created lot (however, if the driveway does not meet this standard, the Fire Department may not respond down the driveway). If the Board of Zoning Appeals grants additional lot(s) through approval of a variance, improvements shall be completed and inspected for approval by the community development director or his or her designee before issuance of a building permit. If the existing easement between the public street and the newly created lot does not meet this standard, it must be improved along the entire length to the newly created lot; and

b.

Any bridges or culverts along the length of the easement must be certified by an engineer to meet weight limits specified by the Fire Department to hold responding fire engines; or alternatively, the applicant shall note on the plat that any bridges or culverts do not meet Fire Department standards, and that the Fire Department will not respond over such substandard bridges or culverts; and

c.

If the easement dead ends into a lot, a sufficient turnaround for emergency vehicles shall be required, as specified by the Fire Department; and

d.

The plat must note that the easement is privately owned and maintained, and will not be maintained by Bartow County.

The requirements in subsections (a), (b), (c) and (d) cannot be varied or reduced by the Zoning Administrator or the Board of Zoning Appeals. If the requirements cannot be met, no variance to create an additional lot shall be approved.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § IV)

A lot split is a tract of land divided into two lots. A lot split may be signed by the community development director or his or her designee, upon review as stated below. If, after December 5, 2012, either the parent parcel or the sub-parcel is proposed to be further split, this division shall follow the submittal process and requirements as found in appendix B (Development regulations).

A subdivision is a tract of land divided into three or more lots. A subdivision of land divided into three or more lots shall follow the submittal process and requirements as found in appendix B (Development regulations).

No plat proposing to subdivide/split, reconfigure, or combine a lot shall be recorded in the office of the clerk of superior court of Bartow County without a signature of approval on the following signature block:

This plat meets the requirements of the Bartow County Zoning Ordinance and Development Regulations and is authorized to be recorded.

A boundary retracement survey that does not create a new lot and does not change existing property lines does not require review by community development staff.

Such signature block shall only be signed by the community development director or his or her designee, upon review that the lots shown on the proposed plat meet the requirements for road frontage, minimum lot size, and all other applicable requirements of the Bartow County Code of Ordinance, appendix A (Zoning ordinance) and appendix B (Development regulations). Any plat recorded after the effective date of this amendment without such signature block shall be an illegal plat and shall vest no rights in the property owner. The county reserves the right to take legal action to reverse illegal lot creations, illegal lot splits, or other actions in violation of this section, including creation of substandard-sized lots or remnants.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § V)