No building structure, land or part thereof, shall be used or occupied, and no building or structure shall hereinafter be erected, constructed, re-constructed or altered and maintained, and no new use or change shall be made or maintained on or of any building, structure or land or part thereof, except in conformity with the provision of this ordinance and other applicable local, state building and health codes. Please see Article XXIV: Nonconforming Uses for further information regarding development regulations in the City of Butler.

(Ord. of 3-12-2019)

Within each district, the regulations set forth shall be considered minimum requirements and shall apply uniformly to each class or kind of building, structure or land.

(Ord. of 3-12-2019)

No building, structure, land, open space or water shall hereafter be used or occupied and no building or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained and no new use or change shall be made or maintained of any building, structure, land, open space or water, unless in conformity with all the regulations herein specified for the district in which it is located.

(Ord. of 3-12-2019)

No building or structure may be erected or use established unless upon a lot of record as defined by this ordinance or as otherwise provided herein.

(Ord. of 3-12-2019)

One principal building and its accessory building are allowed within the provisions of this ordinance, except for planned developments or as otherwise provided, so long as they are constructed in accordance with all codes of the City of Butler.

(Ord. of 3-12-2019)

No lot shall be reduced, divided or changed in size so that the lot width, size of yards, lot area per dwelling unit or any other requirement of this ordinance is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public purpose.

(Ord. of 3-12-2019)

Required open space may not be used by another building. No part of any yard, other open space, or off-street parking or loading space required in connection with any building, structure, or use by this ordinance shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building, structure, or use.

(Ord. of 3-12-2019)

No open space may be encroached upon or reduced in any manner except in conformity with the yard, setback, off-street parking spaces and other such required development standards contained in this ordinance. Shrubbery, driveways, retaining walls, fences, curbs and buffers are not considered to be encroachments of yards. Open space areas as required by this ordinance must be permanently maintained as open space in accordance with the requirements of this ordinance.

(Ord. of 3-12-2019)

Each lot containing a principal building shall have frontage of at least one hundred (100) feet on a publicly owned or maintained right-of-way, except as may otherwise be stipulated herein. A variance may be permitted for lot frontage on a cul-de-sac, provided lot width at the building line is not less than the frontage granted by variance.

(Ord. of 3-12-2019)

No building shall be erected on a lot which does not abut an open public road or a private road meeting current city development standards and duly approved by the Road Superintendent.

(Ord. of 3-12-2019)

Lots which front more than one road or street shall satisfy the front setback requirements for each road or street it fronts.

(Ord. of 3-12-2019)

Except as specifically noted herein, in the case of a landlocked lot (a lot without direct access to a public street or road) lawfully existing as of the effective date of this ordinance, the property is entitled to one (1) Building Permit, as long as all the following requirements are met:

A.

No other principal building exists or is being constructed on the property.

B.

No other valid Building Permit has been issued prior to the effective date of this ordinance and is currently valid.

C.

The property was and continues to be under single ownership since the effective date of this ordinance.

D.

The property owner has acquired a thirty (30) foot easement to a city-, county-, or state-maintained street or road and the easement has been duly recorded and made a part of the property deed.

E.

In the event the property is divided, no additional permits will be issued.

(Ord. of 3-12-2019)

Except as specifically noted herein, any lot existing at the time of the adoption of this ordinance, which has an area or a width which is less than required by this ordinance, is subject to the following exceptions and modifications:

A.

Single Lots: When a lot has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot at the effective date of this ordinance, may be used for any use allowed in the zoning district in which it is located as long as all other requirements of this ordinance are met.

B.

Adjoining Lots in Same Ownership: Two (2) or more adjoining and vacant lots with continuous frontage that are in single ownership at the time of application, but have frontage or lot area less than required by the district in which they are located, must be re-platted or re-parceled so as to create one or more lots which conform to the minimum frontage and area requirements of the district.

(Ord. of 3-12-2019)

No fence or freestanding wall, other than a retaining wall, in a required setback area for a residential zoning district shall be more than six (6) feet in height above finished grade, except as for required screening.

(Ord. of 3-12-2019)

In any commercial or industrial zoning district where a lot abuts any residential district or any adjacent residential use, a 25-foot wide buffer shall be provided with screening as provided in Section 23 below. Off-street parking associated with such uses shall be governed by this same provision.

(Ord. of 3-12-2019)

No privately owned buildings or structures other than driveways, access walkways and individual mail boxes shall be permitted within a public right-of-way.

(Ord. of 3-12-2019)

Within thirty (30) feet of the pavement edge, plants cannot be of a type which will exceed a height of thirty (30) inches at maturity and/or a trunk diameter of four (4) inches. Almost any type of planted vegetation is permissible.

(Ord. of 3-12-2019)

On corner lots within all land use districts, no fence, shrubbery, or other obstructions to the traffic sight vision shall not exceed a height of thirty (30) inches within a triangular area formed by the intersection of the right-of-way lines of two (2) streets or a street intersection with a railroad right-of-way line, and a diagonal line which intersects the right-of-way lines at two (2) points, each twenty (20) feet distance from the intersection of the right-of-way lines or in the case of a rounded corner, from the point of intersection of their tangents; provided however, signs, lights or similar objects which are totally located at least ten (10) feet above the finished grade shall be permitted.

(Ord. of 3-12-2019)

Parking lot outdoor lighting shall be directed away and shielded from abutting residential districts. All freestanding outdoor lighting fixtures erected on private, non-residential properties shall have a maximum height of forty-five (45) feet. Freestanding outdoor lighting fixtures erected on private residential properties and freestanding public street lighting fixtures in residential subdivisions and neighborhoods shall have a maximum height of thirty-five (35) feet.

(Ord. of 3-12-2019)

The following regulations shall apply to swimming pools:

A.

Swimming pools may be established in any permitted zoning district. They may be located anywhere within the rear yard setbacks of a residential zone based on topography. All noncommercial pools shall be enclosed by a fence or wall not less than four feet in height and all commercial pools shall be enclosed by a fence or wall not less than six feet in height to prevent uncontrolled access.

B.

Private swimming pools may be established in residential zoning districts provided they are to be used solely by the occupants of the property on which it is located and their guests, and that no part of the swimming pool extends into any required front or side yard, unless given permission by the Butler City Council.

C.

Non-residential pools shall meet all requirements set forth by the Americans with Disabilities Act for accessibility and safety.

D.

Non-residential pools shall conform to the standards and methods prescribed by the Georgia Department of Public Health, Rules and Regulations for Public Swimming Pools, Spas, and Recreational Water Parks.

E.

All swimming pools either residential or non-residential associated with a vacant or unoccupied property shall be drained of water to prevent infestation of mosquitoes or other disease-bearing pests.

(Ord. of 3-12-2019)

Accessory buildings and uses shall be permitted by this ordinance.

A.

There shall be no more than three (3) accessory buildings per acre.

B.

An accessory building shall not be located less than ten (10) feet from side or rear lot lines.

C.

When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall be considered part of the principal building and shall comply with the yard/setback requirements of the principal building.

D.

No accessory building shall be constructed prior to construction of the principal use building, except as provided in this ordinance.

E.

An accessory building in the side yard of a corner lot shall not be closer to the right-of-way line of a side road than the required front yard setback along said side road.

F.

No accessory building shall exceed the height of the principal building on the lot.

G.

The square footage of any accessory building on the lot shall be no more than fifty percent (50%) of the square footage of the principle building on the lot.

H.

Detached accessory building shall be located a minimum of ten (10) feet from the principal building on a lot.

(Ord. of 3-12-2019)

The following specified structures shall conform to these regulations.

A.

Gasoline pumps and pump islands shall be setback a minimum of twenty-five (25) feet from any right of way or property line.

B.

Canopies and other attached or detached structures intended for cover shall be setback a minimum of twenty (20) feet from any right-of-way or property line.

C.

Swimming pools accessory to residences shall be setback a minimum of thirty (30) feet from any property line and meet all requirements in the city code.

D.

Outdoor play structures or play sets in commercial districts shall be located in a side or rear yard and shall be setback a minimum of thirty-five (35) feet from any property line or the required setbacks for certain uses in the district, whichever is greater.

E.

All multi-family residential developments, commercial and industrial buildings shall have a solid waste container pad that has easy and safe access for a front end loader. Solid waste containers shall be screened from all streets adjoining properties with a solid, opaque fence or wall which shall be a minimum of one (1) foot taller than the container.

F.

Emergency shelters for the purpose of protecting individuals from life-threatening weather, storms or other emergencies shall be permitted as an accessory structure in all land use districts and shall meet the setback requirements of such structures in the district.

G.

An amenity, as defined by this ordinance, shall not be considered an accessory structure.

(Ord. of 3-12-2019)

Where noise, visual effects or distracting activity is determined by the Zoning Administrator or the Butler City Council to affect adjacent property or roadway, a vegetative screen, cement or masonry wall, or earth berm may be required by the Butler City council to reduce the undesirable effects. In deciding if such screens and buffers are necessary the Zoning Administrator and the Butler City Council shall consider the following criteria and factors:

A.

The nature of the adjoining use;

B.

The size of the property being considered for screens and buffers;

C.

The existence of any light, noise, odor or other impact caused by the property being considered for screens and buffers;

D.

Screens and buffers can be required as a permit condition for a permitted use, a conditional use or variance application; and

E.

Any factors herein for consideration of conditional use permits.

(Ord. of 3-12-2019)

The intent of this section is to provide for the reasonable development of home occupations as an accessory use to a residential use.

A.

A home occupation is subordinate to the use of the dwelling unit for residential purposes.

B.

A home occupation must be operated by the owner of the dwelling unit or with written approval of the owner if applicant resides in a rental unit.

C.

The owner of a home occupation must have a city business license as required by code.

D.

The number of employees not living on-site shall be limited to two.

E.

No internal or external physical alteration which would be inconsistent with residential use of the building shall be permitted except as otherwise required by state and/or federal law.

F.

Business use shall not occupy more than 25% of the gross floor area of the residence.

G.

No manufacturing process (the production of goods industrially, making something into a finished product on a large industrial scale, or producing something with machines in an industrial manner) shall be permitted.

H.

No display of products shall be visible from the road, and only products produced on the premises may be sold on the premises.

I.

No on-street parking of business related vehicles (either marked or commercially equipped) shall be permitted at any home. Business vehicles having a gross vehicle weight of 10,000 pounds or less are permitted to park overnight on the premises. The number of business related vehicles is limited to one (1).

J.

No traffic shall be generated by such home occupations in greater volumes than would normally be expected in the residential neighborhood. Adequate off-street parking must be provided for the residents, employees and business visitors.

K.

Only one (1), motionless, non-lighted sign, not exceeding two (2) square feet in area, is allowed on-site. Said sign must be attached to the structure housing the home occupation.

L.

The home occupation shall be located and conducted in such a manner that the average neighbor under normal circumstances would not be aware of its existence. The occupation shall not constitute a nuisance in the neighborhood in regard to loud noises or malodorous smells.

M.

No materials or supplies used by the home occupation in the making of product shall be stored in the yard of the residence, within view of the street, or shall be kept in such a way that it breeds vermin.

N.

Nursing or convalescent homes, childcare centers, boarding houses, massage studios; restaurants or similar establishments shall not be considered home occupations.

(Ord. of 3-12-2019)

No requirement mandated herein shall be enforced where said requirement or provision is in conflict with public health, safety and welfare codes enforced by the Taylor County Health Department.

(Ord. of 3-12-2019)

If either a use or class of use is not specifically stated as being permitted in a district, either as a matter of right, or as a Conditional Use, then such use, class of use or structures for such use shall be prohibited in such district.

(Ord. of 3-12-2019)

In the event an applicant wishes to use property for a use which is not specifically identified under inherent uses or conditional uses and where such use is not specifically prohibited from the district, the following provisions shall apply:

A.

The Zoning Administrator shall submit to the City Council a written request for a determination of the unclassified use.

B.

The City Council shall review the request as submitted and determine if the proposed use is of a similar character to the district in which it is proposed.

C.

If the City council determines that the use is of a similar character and meets the intent of the uses permitted inherently within the district, then they shall instruct the Zoning Administrator to proceed through the review and permitting process.

D.

In the event that the City Council determines that the proposed use in the district is consistent with the character and intent of the conditional uses, subject to the approval of the City Council, within the district, then the applicant shall apply for a conditional use subject to the approval in the normal manner.

E.

In no event shall the provisions of this ordinance be used to allow an incompatible use or use specifically prohibited by this ordinance within a certain district.

F.

Once a use has been allowed or disallowed by the City Council, it shall then be considered classified under the appropriate category in the district.

(Ord. of 3-12-2019)