This article is established to regulate nonconforming uses, off-street parking, and off-street loading and unloading; to strive for the ultimate termination of nonconforming uses, and to provide suitable off-street parking, loading and unloading space for each type [of use].

It is the intent of this ordinance to recognize that elimination of existing buildings and structures or uses that are not in conformity with the provisions of this ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is also the intent of this ordinance to administer the elimination of nonconforming uses, buildings, and structures as to avoid any unreasonable invasion of established private property rights.

Therefore, any structure or use of land existing at the time of the enactment of this ordinance, and amendment of this ordinance, and amendments thereto, but not in [conformity] with its use regulations and provisions, may be continued subject to the [following] provisions and exceptions:

71.1.

Unsafe structures. Any structure or portion thereof declared unsafe by an authority may be restored to a safe condition, provided the requirements in this section are met.

71.2.

Alterations. Any change in a nonconforming building, use, or building site or yard area is subject to the following:

71.2.1.

No nonconforming building can be structurally altered, except repairs on or installation of plumbing fixtures required by law; the changing of interior partitions; and interior remodeling.

71.2.2.

No nonconforming building or lands, except those residential dwellings needing repairs on or installation of plumbing fixtures as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed so as to conform with the provisions of this ordinance.

71.2.3.

Whenever an existing residential dwelling must require repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than the requirements set forth in this ordinance, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

71.3.

Extension. A nonconforming use of land shall be restricted to the lot occupied by such use as of the effective date of this ordinance. A nonconforming use of a building shall not be extended to include either additional building or land after the effective date of this ordinance.

71.4.

Restoration of damaged buildings. A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding 50 percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the City Council.

71.5.

Change in use. A nonconforming use, which is changed to a conforming use, shall not be permitted to revert to the original or a less restrictive use.

71.6.

Discontinuance. A nonconforming use which became such after the adoption of this ordinance and which has been discontinued for a continuous period of one year shall not be re-established and any future use shall be in conformity with the provisions of this ordinance.

Off-street automobile parking spaces shall be provided on every lot on which any of the following uses are hereafter established. The number of automobile parking spaces provided shall be at least as great as the number specified below for the various uses:

72.1.

Automobile sales and repair garages. One space for each regular employee plus one space for each 250 square feet of floor area used for repair work.

72.2.

Churches. One space for each three seats in the principal auditorium.

72.3.

Gasoline filling stations. Three spaces for each grease rack or similar facility plus one space for each gas pump attendant.

72.4.

Hospitals and nursing homes or similar institutions. One space for each three beds plus one space for each staff or visiting doctor and one space for each three employees.

72.5.

Hotels. One space for each two guest bedrooms plus one space for each four employees.

72.6.

Industrial use. One space for each two employees on a single shift plus one space for each company vehicle operating from the premises.

72.7.

Lodges and clubs. One space for each five members.

72.8.

Office building. One space for each 300 square feet of floor space.

72.9.

Places of amusement or assembly without fixed seats. One space for each 200 square feet of floor space devoted to patron use.

72.10.

Places of public assembly. One space for each four seats in the principal assembly room.

72.11.

Residential. One space for each dwelling unit.

72.12.

Restaurants. One space for each 75 square feet of floor area devoted to patron use, plus one space for each four employees.

72.13.

Retail business. One space for each 250 square feet of sales space, except in the C-1 General Commercial District.

72.14.

Roominghouses and boardinghouses. One space for each two bedrooms.

72.15.

Schools. One space for each two faculty and staff employees; for each three other employees; and for each five high school students.

72.16.

Tourist courts and motels. One space for each accommodation.

72.17.

Trailer or mobile home parks. One space for each trailer space.

72.18.

Wholesale business. One space for each two employees.

Each space shall be at least 300 square feet in area and shall have vehicular access to a public street. Turning space shall be provided (except for single-family residences) so that no vehicle will be required to back into the street.

If the required automobile parking spaces cannot be reasonably provided on the same lot on which the principal use is conducted, such spaces may be provided on other off-street property provided such property lies within 400 feet of the main entrance to each principal use. Such automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

Required parking space may extend up to 120 feet into a residential zoning district, provided that:

(a)

The parking space adjoins a commercial or industrial district;

(b)

Has its only access to or fronts upon the same street as the property in the commercial or industrial district for which it provides required parking space; and

(c)

Is visually separated from abutting properties in the adjoining residential district by a ten-foot-wide evergreen planted buffer strip.

All off-street parking shall be laid out, constructed, and maintained in accordance with the following requirements:

75.5.1.

All such parking areas shall be hard surfaced with concrete or plant bituminous material and shall be maintained in dust-proof condition and that a good stand of grass be maintained on the remainder of the lot.

75.5.2.

Lighting facilities shall be so arranged that light is reflected away from adjacent properties.

75.5.3.

The parking lot shall be adequately drained.

75.5.4.

Along the lot lines of the parking area which abut residential districts, a dense planting of trees and shrubs shall be established on a strip of land not less than eight feet in width adjacent to the districts, and provided that such planting be not less than six feet in height and a substantial bumper rail of wood, metal or concrete shall be installed on the inside of the planting strip.

75.5.5.

A raised curb of at least six inches shall be erected along all of the property lines, except for driveway openings, and those lot lines abutting residential districts where the requirements in section 75.5.4 shall prevail.

75.5.6.

No sign, whether permanent or temporary, shall be placed within the public right-of-way. Signs and planting strips shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

On every lot on which a business, trade or industry is hereafter established, space with access to a public street or alley shall be provided as indicated below for loading and unloading of vehicles off the public right-of-way.

Minimum loading and unloading space required:

76.1.

Retail business. One space of 300 square feet for each 3,000 square feet of floor area or fraction thereof.

76.2.

Wholesale and industry. One space of 500 square feet for each 10,000 square feet of floor area or fraction thereof.

76.3.

Bus and truck terminals. Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any one time.

Commercial vehicles, recreational vehicles, and trailers of all types, including boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

77.1.

No more than one commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted.

77.2.

Hauling trailers or boat trailers shall be permitted if not parked or stored in the front yard, or a side yard, which abuts a street.

77.3.

Recreational vehicles shall be permitted if not parked or stored in the front yard, except as permitted in section 77.4. For the purpose of this section, the front yard shall be defined as the portion of the lot which faces the main entrance to the dwelling located thereon. This shall apply to both interior and corner lots.

77.4.

For a period not to exceed seven days a single recreational vehicle shall be permitted to be parked anywhere on a residential lot. During this seven-day period the recreational vehicle is allowed to be temporarily occupied.

78.1.

Landscaping requirements. The intent of this section shall be to promote the public health, safety and general welfare by providing for installation and maintenance of certain landscaped areas; to protect the character and stability of residential, business, institutional and industrial areas and to conserve the value of land and building or surrounding properties and neighborhoods.

78.1.1.

Definitions. As used in this code, unless the context otherwise requires, the following words and phrases shall have the meaning set opposite them for any and all purposes:

(1)

Encroachment. Encroachment is defined as any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area.

(2)

Landscaping. Landscaping shall consist of any of the following or a combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

(3)

Trees. Self-supporting woody plants of species which normally grow to an overall height of a minimum of 15 feet.

(4)

Shrubs and hedges. A self-supporting, non-deciduous species of plants and normally grown in the City of Buena Vista.

(5)

Vines. Vines are plants, which normally require support to reach mature form.

78.1.2.

Landscaping of off-street parking and other vehicular use areas shall conform to the minimum requirements hereinafter provided:

(1)

Installation. The owner, tenant and/or agent, if any, shall be jointly and severally responsible for installing landscaping according to accepted commercial planting procedures with quality plants and materials. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements of the City of Buena Vista.

(2)

Maintenance. The owner, tenant and/or agent, if any, shall be jointly and severally responsible for maintaining such landscaping in a healthy, neat and orderly condition. The owner shall provide each landscaped area with a readily available water supply.

(3)

Plant materials.

(a)

Plant materials used in conformance with provisions of this section shall equal or exceed existing or future standards as set for the State of Georgia. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases.

(b)

Trees shall be species of an average mature spread or crown greater than 15 feet and trunk(s), which can be maintained in a clean condition with over seven feet of clear wood. Trees having an average mature spread or crown less than 15 feet may be substituted by grouping the same so as to create the minimum 15-foot crown spread.

(c)

Shrubs and hedges. Shrubs shall be of good quality and in keeping with the architecture and landscaping. Hedges shall be of non-deciduous species and planted and maintained so as to form a continuous, unbroken, solid, visual screening within a maximum of two years after planting.

(d)

Vines. Vines shall be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.

(e)

Ground covers. Ground covers used in lieu of grass shall be placed in such a manner as to present a finished appearance.

(f)

Lawn grass. Grass shall be species normally grown as permanent lawn in the City of Buena Vista. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion and providing that in areas where other than solid sod is used, nurse grass seed shall be sown for early coverage with protection until coverage is otherwise achieved.

(4)

Landscaping the interior of off-street parking and vehicular use areas. The owner, tenant and/or agent of an off-street parking or other vehicular use area shall landscape the interior of these areas to define aisles and other vehicular use areas and to provide relief from the expense of paving.

(5)

Sight distance for landscaping adjacent to public rights-of-way and points of access. No landscaping, tree, fence, wall or similar item shall be maintained in the vicinity of any corner, street, intersection or accessway intersecting a public right-of-way that the Building Inspector of the City of Buena Vista, or his designee, determines is an obstruction to visibility, extends into sight lines or is a traffic hazard.

(6)

Existing plant material. The Building Inspector or his designee may adjust the application of the above standards, in part or in whole, to allow credit for healthy plant material on a site prior to its development if, in his opinion, such an adjustment is consistent with the intent of this section.

78.1.3.

Other applicable regulations. The provisions of this ordinance shall be subject to other applicable regulations where such regulations are more restrictive and not otherwise inconsistent with the provisions of this ordinance.

78.2.

Screening and lighting.

78.2.1.

In any commercial or industrial district, any operation not conducted within a building, such as drive-in businesses, outdoor recreation, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than six feet in height where necessary to conceal such areas or facilities from a residential district adjoining or facing across a street in the rear or on the side of the principal building or use.

78.2.2.

In any district where reference is made requiring adequate screening or buffering of a specified operation, such screen or buffer shall be a wall or fence of uniform material, solid in appearance or tight evergreen hedge not less than six feet in height, as may be required by Buena Vista Planning and Zoning Commission.

78.2.3.

Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, and shall be so situated as not to reflect directly into any public rights-of-way.

All land to be annexed into the corporate limits of the City of Buena Vista shall be zoned in accordance with the procedures required in section 36-66-4(d) of the Official Code of Georgia Annotated, as amended.