The various zoning district regulations established and set forth herein are declared to be the minimum requirements necessary to carry out the purposes of this chapter.

(Ord. No. 1081, 9-20-2023)

(a)

No land or building shall hereafter be used, and no existing building or part thereof shall hereafter be constructed, erected, altered or moved except in conformity with all of the regulations of the zoning district in which it is or will be located.

(b)

Land uses not expressly permitted within the several zoning districts established by this chapter are prohibited.

(Ord. No. 1081, 9-20-2023)

No building structure or appurtenance shall hereafter be constructed, altered or moved so as to exceed the prescribed height limitations for the zoning district in which it is or will be located. The height limitations prescribed in this chapter shall be measured from the average grade elevation at site or from a height of 12 feet above mean sea level, FEMA defined flood elevation, whichever is higher.

(Ord. No. 1081, 9-20-2023)

No building, structure or land shall hereafter be used or occupied in excess of the prescribed density regulations for the zoning district in which it is or will be located.

(Ord. No. 1081, 9-20-2023)

No building shall hereafter be erected, altered or moved to occupy a greater percentage of lot area than is permitted within the zoning district in which it is or will be located.

(Ord. No. 1081, 9-20-2023)

No lot shall be so reduced in size that the requirements of this chapter as to total area, lot width, necessary yards or other open spaces, lot area per dwelling unit or other required conditions are not maintained.

(Ord. No. 1081, 9-20-2023)

No building shall hereafter be erected, altered or moved to create narrower or smaller front yards, side yards, rear yards or other open spaces than required by this chapter for the zoning district in which such building is or will be located.

(Ord. No. 1081, 9-20-2023)

No permit for the use of any lot which is smaller in total area than the minimum size for the district within which it is located shall be issued unless said lot was legally and properly recorded prior to the passage of this chapter, provided that substandard lots in residential districts shall be used only for single-family residential purposes and construction on any such lot after the passage of this chapter shall be required to meet all other requirements of the district in which it is located, except that if the lot is less than 45 feet in width at the building line, the minimum total side yard shall be at least 20 percent of the lot width with a minimum of three feet for each side measured from the eave of the structure to the lot line.

(Ord. No. 1081, 9-20-2023)

Except as herein provided, no use of a lot shall be permitted which does not have frontage on a publicly dedicated, publicly accepted or publicly maintained street with a right-of-way of not less than 30 feet.

(Ord. No. 1081, 9-20-2023)

For the purposes of this chapter, all public streets in the City of Brunswick are hereby classified by the city or the Georgia DOT as being either controlled access highways, major streets, collector streets or minor streets.

(Ord. No. 1081, 9-20-2023)

Every building or use hereafter erected or established shall be located on a lot of record, and every one- and two-family residential structure, except as herein provided, shall be located on an individual lot of record. In all cases, the principal building on a lot shall be located within the area formed by the building lines as outer boundaries, and in no case shall the building infringe beyond the building lines into the respective front, side or rear yards or other setbacks required for the district in which the lot is located.

(Ord. No. 1081, 9-20-2023)

On lots having frontage on more than one street at an intersection, the minimum front yard requirement may be reduced to one-half the regulated distance on the portion of the lot fronting on the street or streets of lesser importance as determined by the building official. However, in no case shall the setback be reduced to less than ten feet. The minimum front yard for the portion of the lot fronting on the street of greater importance shall be provided in accordance with the provisions established by this chapter for the district in which the lot is located.

(Ord. No. 1006, § 1, 11-19-2008; Ord. No. 1081, 9-20-2023)

On lots having frontage on more than one street, but not located on a corner, the minimum front yard shall be provided for that portion of the yard facing the street of greater importance in accordance with the provisions of this chapter while that portion of the yard facing the street of lesser importance shall provide a minimum yard of ten feet in width.

(Ord. No. 1081, 9-20-2023)

The setback requirements of this chapter shall not apply to any lot where the average setback on other lots already built upon and located wholly or in part within 100 feet of each side of the lot, on the same side of the street and within the same block and zoning district, is less than the minimum required setback. In such case, the setback on the lot may be less than the required setback but not less than the average of the setbacks on such other lots. However, in no case shall the setback be less than ten feet.

(Ord. No. 1081, 9-20-2023)

Any lawfully existing building, structure or use of land which is not a permitted use in the district within which it is located upon the enactment of this chapter into law shall be deemed to be a nonconforming use. Such use may be continued subject to the following conditions:

(1)

Change. Once changed to a conforming use, no building or use of land shall be permitted to revert to a nonconforming use. Change to another nonconforming use is prohibited.

(2)

Abandonment. Reestablishment of a nonconforming use after abandonment or discontinuance of use for a continuous period of 180 days is prohibited.

(3)

Restoration. A nonconforming building may not be reconstructed or structurally altered for continuance as a nonconforming use if the cost of such reconstruction or alteration exceeds 50 percent of its replacement cost less depreciation. Permitted restoration of a nonconforming building shall be fully completed within a six-month period after issuance of the building permit for each restoration.

(4)

Extension. A nonconforming use or building shall not be enlarged or extended in such a way as to displace a conforming use or building. No nonconforming use or building may be extended to occupy additional land area not utilized for such nonconforming use or building as of the date of enactment of this chapter.

(Ord. No. 1081, 9-20-2023)

(a)

Overview.

(1)

The standards of this article dealing with home occupations are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities to be carried out in a home.

(2)

It shall be unlawful for any person to carry on a home occupation in any dwelling in the city unless the person has applied for and received a license to do so in compliance with this article. Application for a home occupation permit shall be made in writing on forms provided by the city. Applications shall be reviewed and approved by the planning, development and codes department.

(3)

It shall be unlawful for the owner of a dwelling to knowingly allow a person to use the dwelling for a home occupation in violation of this article.

(4)

All local and state licenses/permits as well as any necessary licenses/permits from any other agency required for the home occupation must be obtained prior to the business being opened.

(5)

A permit application fee for a new home occupation permit shall be required and is nonrefundable. The permit must be renewed annually to remain in effect.

(b)

Evaluation standards. A home occupation as defined in section 23-1-4 shall require a written permit and shall be permitted in a single-family dwelling in any residential district provided that the following standards are met:

(1)

The business (home office or home business) may not occupy more than 25% of the heated floor space of the residence and shall only be carried out solely within the residence;

(2)

There shall be no more than one employee associated with the home occupation and no employee other than an owner or tenant of the residence;

(3)

There shall be no sign nor display of any type indicating a business on the premises;

(4)

There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance that can be detected beyond the lot line of the residence where the business is being conducted;

(5)

There shall be no chemical, pharmaceuticals mechanical or electrical equipment or materials on the premises other than that normally found in a domestic residence.

(6)

If a business activity is being permitted in the residence, only one related marked business vehicle is allowed to be parked on the premises or on the street in front of the residence at any time.

(7)

No business activity shall involve the care, breeding or boarding of domestic or other animals of any kind. Taxidermy is an activity that is specifically prohibited.

(8)

No medical practice of any kind is allowed.

(c)

The following home occupations are specifically permitted with limitations or exceptions to the above criteria:

(1)

Tutoring of all types for no more than two pupils at one time.

(2)

Musician and artist's studio which may have equipment that is not normally found in a residence.

(3)

A barber or beauty shop consisting of not more than one chair and not more than two customers at any time. At least two hard surface parking spaces shall be required on the premises.

(4)

Child day care limited to no more than six children and no older than age six at one time and are allowed to occupy up to 50 percent of heated floor space within the residence and for outdoor play activity. The number of children may be increased for limited times of day if approved by the Georgia Department of Early Care and Learning (DECAL). Such home occupation shall first be licensed by the Georgia Department of Early Care and Learning (DECAL).

(5)

All of the above permitted home occupations may only operate during the hours of 6:00 a.m. and 6:00 p.m. Monday through Saturday, and 12:00 p.m. and 6:00 p.m. on Sundays.

(d)

Conditions for approval.

(1)

A proposed home occupation shall require a permit issued by the building department after a written application (on a form provided by the city) review and approval by the planning department after a determination that the conditions stated herein have been met.

(2)

If the applicant for a permit is not the owner of the residence in which the home occupation is to be located, then written permission from the legal owner of the residence shall be required to be submitted with the application.

(3)

Home occupation may have to comply with additional and more stringent requirements of county, state or federal governments.

(e)

Consent to inspection.

(1)

The signature of the applicant upon the application shall grant the consent by the applicant to an inspection of the home occupation premises by the City of Brunswick.

(2)

The dwelling in which the home occupation is being conducted shall be open for inspection to city personnel during reasonable hours.

(3)

Failure by the applicant to allow for the inspection of the premises by the code enforcement officer or position(s) designated by the city manager shall be grounds for refusal to grant the permit or to revoke any current permit.

(f)

Revocation of a home occupation permit/occupational tax certificate. The planning, development and codes director or designee has the authority to revoke a home occupation permit or modify or amend the conditions of a home occupation permit upon determining that the use as operated or maintained creates one or more of the following conditions:

(1)

A nuisance or other undesirable condition interfering with the public health, safety, or general welfare.

(2)

A violation of the provisions of this article or any other applicable law or ordinance, or a violation of the conditions imposed upon the home occupation permit.

(3)

Failure to allow the city to inspect the property during hours of operation.

(4)

Before revoking a home occupation permit, the city shall give a ten-day written notice to the permit holder addressed or delivered to the premises. The permit holder may appeal the revocation to the city council by filing a written notice of appeal with the city clerk within said ten- day period. The revocation shall be stayed pending the council's decision on the appeal.

(g)

Penalties. Any person violating this article and/or operating without an occupational tax certificate shall be subject to a fine not to exceed $1,000.00 per violation, by imprisonment for a term not to exceed 30 days or a combination of such fine and imprisonment.

(Ord. No. 1081, 9-20-2023)

In addition to the principal uses which are designated herein as being permitted within the several zoning districts established by this chapter, it is intended that certain uses customarily incidental or accessory to such principal uses shall also be permitted. For the purposes of this chapter, therefore, each of the following uses is considered to be a customary accessory use and as such may be situated on the same lot with the principal use to which it serves as an accessory:

(1)

Uses customarily accessory to dwellings.

a.

Private garage not to exceed the following storage capacities:

b.

Open storage or parking area, for motor vehicles, boats and recreation vehicles less than 20 feet in length, provided, that such area does not exceed four spaces per family residing on the premises. Provided further that such area shall not be used for more than one commercial vehicle, which shall not have more than three-fourths ton in capacity.

c.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

d.

Children's playhouse and play equipment.

e.

Private kennel for no more than three dogs or cats over four months old.

f.

Private swimming pool and bath house or cabana.

g.

Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.

h.

Non-commercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not over eight feet in height.

i.

Private boat docks and boat docks—Houses (covered or enclosed dock).

(2)

Uses customarily accessory to church buildings.

a.

Religious education and day or adult care buildings.

b.

Parsonage, pastorium or parish house, together with any use accessory to a dwelling as listed under subsection (1) above.

c.

Off-street parking area for the use without charge to members and visitors to the church.

(3)

Uses customarily accessory to retail businesses, office uses and commercial recreation facilities.

a.

Off-street parking or storage area for customers, clients and employees.

b.

Completely enclosed building for the storage of supplies, stock or merchandise.

c.

Light manufacturing and/or repair facility incidental to the principal use provided that dust, odor, smoke, noise, vibration, heat or glare produced as a result of such manufacturing or repair operation is not perceptible from any boundary line of the lot on which said principal and accessory uses are located and provided such operation is not otherwise specifically prohibited in the district in which the principal use is located.

(Ord. No. 1081, 9-20-2023)

In any district, all accessory uses permitted in structures above ground level, except boat houses, shall observe all setbacks, yard and other requirements set forth for the district in which they are located. No accessory use, except boat houses and boat docks, shall, in any case, be located any closer than five feet to any property line.

(Ord. No. 1081, 9-20-2023)

Areas suitable for parking or storing automobiles in off-street locations shall hereafter be required in all zoning districts, except in the MUCCH district unless required by the building official, at the time of the initial construction of any principal building or when a structural alteration or other change in a principal building produces an increase in dwelling units, guest rooms, floor area, seating or bed capacity or when a conversion in use occurs. Such off-street parking areas shall have direct access to a street or alley and shall be provided and maintained in accordance with the following requirements.

No parking is allowed in the front yard of any residence except for a drop off area and driveway. However, if no access is available to the side or rear yard that would enable parking to occur in the side or rear yard, vehicles may be parked in a paved parking area in the front yard. Paving may be a pervious or impervious surface. Parking or storage of commercial vehicles or trucks in excess of 20,000 GVW and trailers is prohibited in any residential zone.

(1)

Number of spaces required. Note: The total number of parking spaces required for handicapped persons shall cause an equal reduction in other spaces required.

(2)

Amount of area required for each parking space. Including aisles, entrances and exits, each required off-street parking area, lot or other facility shall contain a minimum of 300 square feet including adequate maneuverable space for each automobile to be accommodated. A typical parking space is nine feet wide and 18 feet deep.

(3)

Combination of uses on one lot. If there are a combination of uses on a single lot, such as a restaurant within or adjacent to a motel, the parking requirements for such uses shall be computed separately according to the individual requirements of each use. The building official may allow an increase or decrease in the number of minimum spaces required if the owner can furnish a parking demand study showing such an increase or decrease is appropriate, provided the study is approved by the city's traffic engineer. The maximum number of parking spaces that can be provided is limited to 125 percent of the minimum requirements specified herein.

(4)

Location of off-street parking areas. Required off-street parking areas for one- and two-family residences shall be located on the same lot as the principal building to be served. Under unusual circumstance and hardship, parking areas for all other permitted uses may be located off-site, provided that the parking area is not more than 600 feet from the premises of the principal building or use to be served by such areas and provided that the owner of the off-site parking areas relinquishes all development rights over his property until such time that parking space is provided elsewhere.

(5)

Common off-street parking areas. Two or more principal uses may utilize a common area in order to comply with off-street parking requirements, provided that the total number of individual spaces available in such common area is not less than the sum of the spaces required for the individual uses as separately computed in accordance with the provisions of this section and provided that the owner of the common area relinquishes his development rights over the property until such time as parking space is provided elsewhere.

(6)

Use of public rights-of-way for maneuvering incidental to off-street parking. When determining parking area requirements for individual uses, portions of the public rights-of-way on minor streets may be considered as permissible for maneuvering incidental to parking. On collector streets, major streets and controlled access highways, parking facilities shall provide space outside the public right-of-way for maneuvering incidental to parking.

(Ord. No. 1081, 9-20-2023)

Except in the MUCCH district and unless required by the building official, areas suitable for loading and unloading motor vehicles in off-street locations shall hereafter be required at the time of the initial construction of any building or structure used or arranged to be used for commercial, industrial, governmental or multi-family residential purposes. Such off-street loading areas shall have access to a public alley or street and shall be provided and maintained in accordance with the following requirements, the computation of which shall not be included in the off-street parking requirements.

(1)

Number of spaces required.

a.

Retail business uses with less than 2,000 square feet in total floor area: None.

b.

Retail business uses with 2,000 to 25,000 square feet in total floor area: One space.

c.

Wholesale, industrial, governmental and institutional uses, including public assembly places, hospitals and educational institutions: One space for the first 25,000 square feet of total floor area. For anything in excess of 25,000 square feet, such uses shall provide loading spaces according to the following schedule:

(2)

Amount of area required for each loading space. Each off-street loading and unloading space required by the provisions of this chapter shall be at least ten feet wide, 60 feet long and 14 feet wide. Such space shall be clear and free of obstructions at all times.

(3)

Location of off-street loading areas. Required off-street loading and unloading areas shall in all cases be located on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be considered as part of the area provided to satisfy off-street parking requirements as set forth hereinabove. At no time may the vehicle using a required off street loading area extend into a street right-of-way nor may the street right-of-way be used for maneuvering by the vehicle seeking to load or unload at the site.

(4)

Adequacy of loading area. All uses, whether specified in this chapter or not, shall provide off-street loading areas sufficient for their requirements. Such spaces shall be adequate so that no vehicle being loaded or unloaded in connection with normal operations shall stand in or project into a public street, walk, alley or way.

(Ord. No. 1081, 9-20-2023)

Whenever any nonresidential zoning district (agricultural, office, commercial, institutional, MUCCH, industrial, commercial recreation) or mobile home (MH) district abuts a residential zoning district (other than another MH district), a buffer shall be installed and/or maintained on such lot with the nonresidential or MH zoning, along the entire lot line abutting the residential district. A buffer may also be required as a condition of a conditional use approval by the city commission.

(1)

A buffer may be either:

a.

A natural buffer, defined as "a visual screen created by vegetation of such density so as to provide a visual separation between nonresidential or mobile home districts and residential districts." Wherever and whenever possible, a natural buffer should include all or portions of trees and shrubs existing on the site prior to development.

b.

A structural buffer is defined as a visual screen created by the construction of a solid fence, wall, earthen berm, or a combination of these, supplemented by vegetation to provide a visual separation between nonresidential or mobile home districts and residential districts.

(2)

The width of the buffer along its lot line shall be as follows:

a.

Between MUCCH and office districts and all residential districts except MH (mobile home) — 20 Feet.

b.

Between commercial, commercial recreation and institutional zones and all residential districts — 25 Feet.

c.

Between industrial zones and residential, commercial, commercial recreation districts — 50 Feet.

(3)

A natural buffer shall be installed and/or maintained in compliance with the following requirements:

a.

Existing trees and shrubs located between the lot line and building setback line shall not be removed without the express written approval of the building official.

b.

A buffer shall be planted with shrubs and/or trees so as to produce within one growing season a dense, compact evergreen planting screen which shall be capable of completely concealing from the residential zoning lot or district all work activities, equipment, loading and unloading, and parking within the less restrictive zoning or use and which shall be further capable of providing a visual screen of at least 75 percent of the vertical surfaces of any adjacent nonresidential structure.

c.

A landscaping plan identifying all plants to be incorporated in a buffer strip required herein must be approved by the building official prior to any site construction. Evergreen and deciduous plantings may be used so long as the visual standards in subsection (3)b. are maintained year-round.

1.

For a buffer 20 feet in width, minimum plantings shall include overstory trees — two for every 100 feet; understory trees — three for every 100 feet; evergreen shrubs — eight for every 100 feet. For less than 100 feet, the quantity for each type of planting shall be pro-rated accordingly after rounding up.

2.

For a buffer 25 feet in width, minimum plantings shall include overstory trees — three for every 100 feet; understory trees — six for every 100 feet; evergreen shrubs — ten for every 100 feet. For less than 100 feet, the quantity for each type of planting shall be pro-rated accordingly after rounding up.

3.

For a buffer of 50 feet in width, minimum plantings shall include overstory trees — four for every 100 feet; understory trees — five for every 100 feet; evergreen shrubs — 20 for every 100 feet. For less than 100 feet, the quantity for each type of planting shall be pro-rated accordingly after rounding up.

4.

The height of the plant material, after installed, shall be:

i.

For overstory trees (indigenous to the area) — ten feet in height

ii.

For understory trees (indigenous to the area) — six feet in height

iii.

For evergreen shrubs (indigenous to the area) — three feet in height, and shall produce a visual screen averaging six feet in height for all plant materials installed at the end of a single growing season.

5.

All required plantings shall be permanently maintained in sound, healthy growing condition and shall be replaced with new plant materials during the first year growing season whenever necessary to ensure continued compliance with applicable landscaping requirements.

6.

The building official shall be authorized to order the installation of additional plantings whenever he or she deems such additional plantings necessary to comply with the requirements of this section, and to order replacement of any vegetation removed in violation of subsection (3)a. above.

(4)

A structural buffer shall be installed in compliance with the following requirements:

a.

The building official shall be authorized to permit the installation of a structural buffer, as defined herein, in lieu of a planted buffer where because of space constraints or other reason(s) the requirement of a planted buffer would not be practical; the materials, location and dimensions of such fence must meet the following requirements and be approved by the building official.

1.

Structural buffers may be fences or walls constructed of wood or masonry materials of at least six feet in height and include plantings along its length on the residential zone side of the structural buffer. Plantings installed shall be at least 50 percent of those required in subsection (3)c.4.

2.

Earthen berms may be constructed to a height of six feet and shall have slopes of a maximum of one foot rise in two horizontal feet. Thus a six-foot berm would have an overall minimum width of 24 feet (12 feet each side to accommodate the maximum slope. The berm shall have plant materials installed at the base of the berm and the berm itself shall be planted, or sod installed, with a permanent grass. The height of the berm may be reduced if a fence is installed along the crest of the berm, however an overall height of six feet must be achieved.

(5)

The building official shall be authorized to waive the buffer requirement along street rights-of-way where the installation of a buffer would not be practical because of proximity to the street or where visibility at an intersection may be impaired.

(Ord. No. 1081, 9-20-2023)

Openings through street curbing commonly referred to as "curb cuts," and as other means of vehicular access to and from private property shall be regulated in the several zoning districts established by this chapter in accordance with the following requirements:

(1)

Size and spacing of curb cuts and other access points. In no case shall a curb cut or other access point be less than nine feet nor more than 25 feet in length. No two curb cuts or other access points shall be closer than 20 feet from each other.

(2)

Location of curb cuts and other access points. At street intersections, no curb cut or other access point shall be located closer than:

a.

Twenty-five feet from the intersecting point of the two street rights-of-way or property lines involved (or extensions of such lines in case of a rounded corner); or

b.

Twenty-five feet from the intersection of the two curb lines involved (or extensions of such lines in case of a rounded corner), whichever is the least restrictive.

(3)

Access points in the vicinity of interchanges. In no case shall any curb cut or other access point be located closer than 200 feet to the intersecting point of a street right-of-way line with the right-of-way line of any limited access highway or interchange, including all portions of ramps, acceleration and deceleration lanes, merge lanes and other facilities specifically designed to facilitate traffic movement onto and off the limited access highway.

(3)

Permits for access onto state-owned rights-of-way. A permit must be obtained from the state department of transportation before curb-cuts or any other point of access shall be authorized onto state-owned highway rights-of-way from abutting property.

(Ord. No. 1081, 9-20-2023)

In all zoning districts established by this chapter, except the MUCCH district, no fence, wall, terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision between the heights of three and ten feet above the finished street level shall be permitted on a corner lot within 25 feet of the point of intersection of the street right-of-way lines (or extensions of such lines in case of a rounded corner). No private drive may be located closer than 50 feet from the intersection of two public streets.

(Ord. No. 1081, 9-20-2023)

At the intersection of any private drive or entrance or exit with a public street, no fence, wall, hedge or other planting or sign forming a material impediment to visibility over a height of two and one-half feet shall be erected, planted, placed or maintained.

(Ord. No. 1081, 9-20-2023)

Notwithstanding the provisions of section 23-3-3 and specific height restrictions prescribed herein, the following structures may exceed the prescribed height limitations except when they would violate the height restrictions of an aircraft approach, transitional or horizontal zone: Church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, silos, chimneys, smokestacks, conveyors, flagpoles, masts and aerials.

(Ord. No. 1081, 9-20-2023)

Where a structure exists lawfully under these zoning regulations at the effective date of its adoption or amendment that could not be built under these zoning regulations by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Any nonconforming structure or portion thereof shall not be enlarged or altered.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means other than as a result of governmental action to an extent of more than 50 percent of its actual replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of these zoning regulations.

(3)

Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction, except when destruction has occurred by the voluntary act of the owner. In the event of such rebuilding, all applicable district requirements, except as identified above, shall be met.

(4)

Should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(5)

Should the use within a non-conforming structure be abandoned for a continuous period of 365 days, the structure and the new use therein shall conform to the regulations of the district in which it is located thereafter.

(Ord. No. 1081, 9-20-2023)

Vehicle sales and rental uses shall comply with the following:

(1)

Parking or storage of vehicles. No vehicles or boats shall be parked in a street right-of-way, front yard setback, landscaped area or buffer.

(2)

Display of vehicles. No vehicles shall be displayed with their hoods open, except in a display building, which shall be an enclosed structure. No vehicles or boats shall be displayed on top of a building.

(3)

Location of service bay doors. Repair of all vehicles and boats shall occur within an enclosed building. Primary service bay doors shall be located perpendicular to the road fronting the site and all other service doors shall be screened from all other streets and adjacent residential property.

(4)

Outdoor intercoms. Outdoor intercoms located on vehicular sales and rental sites shall comply with the following:

a.

Be located a minimum of 150 feet from the property line of any existing residential use; and

b.

If the vehicle sales and rental use is located adjacent to an existing residential use, be located on a side of the building that does not front the residential use.

(5)

Outdoor display. All areas for the outdoor display of vehicles and boats for sale shall be located behind the front building setback line. No balloons, spinning or fluttering objects, pennants, banners or wind- blown devices shall be used in connection with the outdoor display of vehicles. All vehicle display areas shall be set back at least ten feet from any property line or setback line, whichever is greater.

(6)

Service and repair activities. All service and repair activities, including outdoor storage areas (those areas not used for display), shall be located behind the front building line and shall be completely screened (100 percent opacity) from adjoining properties and rights-of-way using natural buffers, fencing, buildings, or a combination thereof.

(7)

Area lighting. All area lighting shall be directed downward or toward the primary building. No lighting shall be directed to adjacent streets or any property line.

(8)

Ingress and egress. All primary ingress and egress shall be from the street fronting the property. No ingress or egress shall be permitted from any other street that also fronts a residential property(s).

(Ord. No. 1081, 9-20-2023)