This chapter shall be known and may be cited as the "Zoning Ordinance of the City of Cairo, Georgia."

(Ord. No. 548, § 1.01, 1-8-01)

This chapter shall apply to all land and structures within the incorporated City of Cairo, Georgia.

(Ord. No. 548, § 1.02, 1-8-01)

The mayor and city council enact this chapter [Ordinance No. 548] under the exercise of powers conferred upon it by the Georgia State Constitution, Section 2-6102 of the Code of Georgia, Article IX, Section II, Paragraph IV.

(Ord. No. 548, § 1.03, 1-8-01)

The purpose of the zoning ordinance [this chapter] is to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the public requirements; to conserve the value of buildings and encourage the most appropriate use of land throughout the corporate area, all in accordance with a comprehensive plan, there is hereby adopted and established an official zoning ordinance for the City of Cairo.

(Ord. No. 548, § 1.04, 1-8-01)

For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes "structures", the word "may" is permissive and the word "shall" is mandatory.

Accessory building: A subordinate building or structure on the same lot, or part of the main building, occupied by or devoted exclusively to an accessory use.

Accessory use: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

Adult care facility: Personal care and supervision in a protective setting for adults outside their own home for which a fee is charged. The program may include the provisions of daily medical supervision, nursing and other health care support, psychosocial assistance, or appropriate socialization stimuli or a combination of these. Adult care is available for those persons who, because of physical and/or mental disability, are not capable of full time independent living.

Adult entertainment businesses: Any business such as motion pictures, theaters, mini-motion theaters, erotic dancing, escort services, book stores, etc., characterized by an emphasis on sexual activities.

Agriculture or agricultural: The bona fide use of a parcel of land for forestry, the cultivation of land, raising of crops, or the raising of livestock, animals, poultry, honeybees, aqua culture or similar agrarian activity and the related buildings, structures and appurtenances necessary to carry out the aforementioned activities.

Animal husbandry: Agricultural practices involving the breeding, hatching, raising, producing, feeding, keeping, slaughtering or processing of poultry or livestock normally raised for food for commercial purposes and facilities for the production, processing or packaging of eggs or egg products.

Antique store: A retail business that buys and sells secondhand items that are generally considered of value due to the age of the item.

Antique mall: A permanently established retail business that not only buys and sells secondhand collectable items, but also rents tables, booths, or spaces within the store, which are subject to sales tax and business licenses, to other persons who want to buy and/or sell secondhand collectable items.

Apartment house: A residential structure containing three (3) or more apartments (independent dwelling units).

Apartment unit: One (1) or more rooms with private bath and kitchen facilities comprising and independent, self-contained dwelling unit in building containing three (3) or more dwelling units.

Bed and breakfasts: Overnight accommodations and a morning meal in dwelling unit provided to transients for compensation. Comment: Bed and breakfasts (B&B) accommodations differ from rooming and boarding houses in that they are truly transient accommodations, with guests rarely staying more than a few days. In addition, the owner almost always lives in the facility. The impact of a B&B should not be much greater than that of a private home with frequent house guests, with the exception of parking demand.

Billboard: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises which the sign is located.

Boarding house: A dwelling where meals or lodging and meals, are provided for compensation to three (3) or more persons by pre-arrangement for definite periods. A boarding house is to be distinguished from a hotel, motel or a nursing home.

Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Building, principal: A building in which is conducted the primary or predominant use of any lot.

Building height: The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs.

Caretaker or employee residence: An accessory residence located inside or addition to the principal structure or use of a parcel of land. Said residence must be occupied by a bona fide caretaker or the owner himself/herself as necessary to the property's orderly operation or safety. Industrialized buildings (modular homes/units) are allowed to serve as a caretaker's residence as long as the industrialized building (modular home/unit) meets the Southern Building Code Standards. Caretaker or employee residences will be permitted only in I-1, I-2 and AG districts.

Carport: A roofed structure providing space for parking or storage of motor vehicles and enclosed on not more than three (3) sides.

Cemetery: A cemetery is an area of land set apart for the sole purpose of the burial of bodies of dead persons or animals and for the erection of customary markers, monuments, and mausoleums.

Clinic: A professional office where the services of more than one (1) practitioner can be obtained and where patients are examined and/or treated on an out-patient basis and where no over-night accommodations are provided.

Club or lodge: Buildings and facilities owned or operated by a corporation, association or other established group of persons for religious, social, educational or recreational or other like activities on a regular basis for the benefit of its members and not the general public.

Cluster development: A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreations, common open space, and preservation of environmentally sensitive features.

Cluster subdivision: A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture.

Commission: The word "commission" shall mean the Planning Commission of Cairo.

Community use: Administrative and legislative government offices, postal facilities, cultural facilities such as libraries, museums, meeting/reception/banquet halls, amphitheaters, band shells, and pavilions.

Conditional use: A use which within certain districts specified by this chapter is not permitted as a matter of right but may be permitted within these districts by the city council after the planning commission has (1) reviewed that proposed site plans for the use, its location within the community, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; (2) has found the proposal not be contrary to the intent of this chapter; and (3) has recommended the use as specified after a public hearing. (See section 22-429, Conditional uses).

Condominium home: A form of ownership of less than the whole of a building or system of buildings under a statute which provides the mechanics and facilities for formal filing and recording of divided interest in real property, whether the division is vertical or horizontal.

Convalescent home: A convalescent home is a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, wherein two (2) or more persons are cared for. Said home shall conform and qualify for license under state laws.

Convenience store: A retail business with primary emphasis placed on providing the public with a convenient location to quickly purchase from a wide array of consumable products and services. Generally, the business will: (1) have a building size less than five thousand (5,000) square feet; (2) provide off-street parking and/or convenient pedestrian access; and (3) provide the public with extended hours of operations, many being open twenty-four (24) hours, seven (7) days per week.

Day care facilities: There are three (3) types of day care:

(a)

Family day care homes means a private residence operated by any person who receives therein for pay for supervision and care fewer than twenty-four (24) hours per day, without transfer of legal custody, three (3) but not more than six (6) children under eighteen (18) years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence.

(b)

Group day care homes means any place operated by any person(s) partnership, association or corporation wherein are received for pay for group care not less than seven (7) nor more than eighteen (18) children under eighteen (18) years of age for less than twenty-four (24) hours without transfer of legal custody and which is required to be licensed or commissioned by the department of human resources.

(c)

Day care centers means any place operated by a person, society, agency, corporation, institution or group wherein are received for pay for group care, for fewer than twenty-four (24) hours per day without transfer of legal custody, nineteen (19) or more children under eighteen (18) years of age, and which is required to be licensed or commissioned by the department of human resources.

Density: The number of families residing on, or dwelling units developed on an acre of land. As used in this chapter, all densities are stated in families per gross acre.

NOTE: Gross density includes all the area within the boundaries of the particular area, excluding nothing.

Drive-in establishment: An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicle.

Drive-in restaurant: A drive-in restaurant or other drive-in establishment serving food and/or drink so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle.

Dwelling, duplex: A building either designed, constructed, altered or used for two (2) adjoining dwelling units that are connected by a common wall and/or of two (2) stories by a common floor.

Dwelling, multiple: A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building. This definition includes three-family houses, four-family houses, and apartment houses, but does not include hotels or motels.

Dwelling, single-family: A building or portion thereof used or designed for use as a residence for a single family.

Egress: An exit.

Family: One (1) or more persons living together and related by blood, marriage, or legal adoption, and occupying a dwelling unit as a single non-profit housekeeping unit as distinguished from a group occupying a hotel, club, boarding house, fraternity or sorority house. A family shall be deemed to include domestic servants, gratuity guests, and not more than three (3) foster or boarded children whose room and board is paid by a recognized child care agency or organization.

Flea market: A market at which new and used items are temporarily displayed and sold on rented tables. A flea market may be open or enclosed.

Garage, mechanical: Buildings and premises where the functions and services for major repair and maintenance of automobiles, motorcycles, lawn mowers or other motor vehicles may be rendered. A mechanical garage which provides for the storage of vehicles for the purpose of salvaging parts for sale or repair shall be classified as a junk yard.

Garage, private: An accessory building designed or used for the storage of not more than three (3) motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, public: Any premises used for the storage or care of motor-driven vehicles, or place where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Garage, repair: Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.

Gas station/mini-mart: Any building or other premises, or portion thereof, used for a combination automobile service station and retail sales of food and other items excluding any automotive service or repair areas; including but not limited to the sales of consumable products, rental of video tapes, use of self-service hot and cold beverage facilities and microwave ovens by customers for purchased food items.

Group home: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.

Comment: A group care facility may include half-way houses; recovery homes; and homes for orphans, foster children, the elderly, battered children and women. It also could include a specialized treatment facility providing less than primary health care.

Guest house: A building or portion thereof used or designed for uses as a residence, specifically as an accessory use to be the principal building.

Half-way home: A group home facility which is licensed or supervised by any federal, state or county health/welfare agency relating to drug abuse problems, offender rehabilitation or similar purposes.

Hardship manufactured home: The temporary placement of a hardship manufactured home allowable to accommodate families in providing care to a family member by birth or marriage in cases of documented medical infirmity due to age or medical/mental disability. Hardship manufactured homes may be allowed after application is made and a review of the hardship manufactured home criteria outlined in section 22-32 reviewed.

Home occupation: Any use conducted entirely within the dwelling and carried on by the immediate family members thereof, which use is incidental and secondary to the use of the dwelling and does not change the character thereof. (See section 22-27, Home occupations).

Impervious surface: Any material which reduces and prevents absorption of stormwater into previously undeveloped land.

Industrialized building (modular home/unit): A structure or component which is wholly or in substantial part made, fabricated, formed or assembled in or at manufacturing facilities and delivered to a building site for fabrication and installation in such assemblies that all parts or processes cannot be inspected except by disassembly, by the city building official but in lieu of such inspection bears an insignia, label, or decal issued by the Georgia Department of Community Affairs to certify the unit as to construction and safety standards.

NOTE: Industrialized buildings do not include manufactured housing.

Ingress: Access or entry.

Junk: Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, processed, salvaged, stored, baled, disposed or other use or disposition.

Junk shall include vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood, and lumber.

Junk yard: Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two (2) or more unregistered, inoperable motor vehicles or other type of junk. Note: Buffers are required for junk yards. (See section 22-22, Protective screenings).

Kennel: Any lot or premises on which three (3) or more dogs, cats, or other domestic as well as non-domestic animals, four (4) months or more old, are kept either permanently or temporarily, for purpose of sale, care, breeding or training for which an income is provided.

Loft dwellings: Loft dwellings are defined as residential dwelling units located on any floor other than the ground or street level floor within existing commercial buildings. (See section 22-204).

Lot of record: A lot or parcel of land which has been lawfully recorded by subdivision plat or deed on the public records of the City of Cairo or before the date of adoption of Ordinance [No. 548, January 8, 2001].

Manufactured home: "Manufactured home" is a detached single-family dwelling unit, designed for long-term occupancy, which has been prefabricated and then transported to its site or to a sales lot usually on its own wheels, and requires only minor work before occupancy such as connection to utilities or to a foundation. Such units are usually fully equipped and furnished. The manufactured home shall bear an insignia issued by the U. S. Department of Housing and Urban Development (HUD) certifying that the unit is constructed in conformance with the Federal Manufactured Home Construction and Safety Standards which came into effect on June 15, 1976.

Manufactured home parks: "Manufactured home park" shall mean a licensed business operation which leases spaces for permanent or for temporary occupancy for periods exceeding thirty (30) days for manufactured homes and, under some conditions, travel trailers.

Manufactured home subdivision: A "manufactured home subdivision" is defined as at least a five (5) acre site which has been primarily designed for the subdivision of individual lots for manufactured home development.

Mini-warehouse: A building(s) that contains varying sizes or individual, compartmentalized and control-access stalls or lockers for storing the excess personal property of an individual or family. No business activities other than the rental of storage units shall be conducted on the premises.

Mobile home: A dwelling manufactured prior to June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

Modular home: See definition for "industrialized buildings".

Nonconforming structure or building: Any structure, including an accessory structure legally existing prior to the effective date of Ordinance No. 548 which does not conform to the requirements of this chapter. A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the zoning ordinance but that fail by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district (See section 22-351 et seq.).

Nonconforming use: A use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nursing homes: A facility that admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision. It maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be responsible for the general medical and dental supervision of the home. It otherwise complies with the rules and regulations contained in Chapter 290-5-8: Nursing Homes (Rules of the Georgia Department of Human Resources) as same hereafter may be amended.

Open air business uses: Open air business uses shall include the following:

(a)

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

(b)

Retail sale of fruit and vegetables.

(c)

Miniature golf, golf driving range, children's amusement park or similar recreation uses.

(d)

Bicycle, trailer, motor vehicles, boats or home equipment sales, service or rental services.

(e)

Outdoor display and sale of garages, swimming pools and similar use.

(f)

Outdoor display and sale of items not suitable for indoor sales.

Permitted use: Those uses specifically listed in a district which are permitted by right, not to include the nonconforming use or conditional use and subject to the restrictions applicable to that zoning district.

Personal care home: A building or group of buildings, a facility, or place in which is provided two (2) or more beds and other facilities and services—including rooms, meals, and personal care for non-family ambulatory adults for which a fee is charged. It otherwise complies with the rules and regulations contained in Chapter 290-5-35: Personal Care Homes (Rules of the Georgia Department of Human Resources) as same hereafter may be amended. For the purpose of this chapter, personal care homes are classified as follows:

(a)

Family personal care home: A home for adults in a family type residence, non-institutional in character, which offers care to two (2) through six (6) persons.

(b)

Group personal care home: A home for adult persons in a residence or other type of building(s), non-institutional in character, which offers care to seven (7) through fifteen (15) persons.

(c)

Congregate personal care home: A home for adults which offers care to sixteen (16) or more persons.

Personal service: Establishments primarily engaged in providing services involving the care of a person or his or her apparel, for example, laundry, photographic studios, beauty shops, shoe repair, health clubs, clothing rental, etc.

Planned unit development: A planned unit development is a single parcel of land within which a number of buildings are located or intended to be located in accordance with an overall plan of design and not in relation to a prearranged pattern of land subdivision. Examples of a planned unit development (P.U.D.) include a complex of apartment buildings or a commercial shopping center. A comprehensive development plan for such a project shall be submitted to the planning commission for their review and approval.

Plat, sketch: A concept, informal map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Professional office: The office of a member of a recognized profession maintained for the conduct of that profession.

Quick-service food store (QSR): Any building which is used for the retail sale of food or food and other items. This may be the combination of the gas station/mini-mart as well as the addition of fast food restaurants.

Rooming house: A building, which houses four or more individuals, but not more than sixteen (16), each renting from a landlord, without separate cooking facilities.

Service station: Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; minor servicing and repair of automobiles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar other operating commodities and accessories for motor vehicles.

NOTE: Temporary storage of vehicles shall not exceed forty-eight (48) hours.

Setback: The minimum horizontal distance between the street property line, rear or side property lines of the lot, and the front, rear or side lines of a building. The term required setback means a line beyond which a building is not permitted to extend under the provisions of this chapter establishing the minimum depths and widths of yards.

Short-term rental unit: A residential unit, being one (1) to six (6) rooms of a dwelling, that is used for short-term rental, being thirty (30) days or less, pursuant to a written agreement between the property owner and the user that is not a bed and breakfast, boarding house or rooming house as defined herein. Said use is permitted in zoning areas, RI-A, R-1 R-2, R-3, R-PUD, R-TH-lA, CDB and AG upon terms and conditions set forth within the Code of Ordinances. The owner/operator may or may not live on premises. Short term rental is considered a lodging service and subject to occupational tax certificate and hotel/motel tax regulations (i.e., air BnB).

Sign, billboard: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises which the sign is located. [See also "Billboard".]

Sign, outdoor advertising: Any card, cloth, paper, metal, glass, plastic, wood, plaster, stone or sign of other material of any kind, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "place" as used in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever. See also "Sign, billboard".

Single-family detached dwelling: A residential building designed for and occupied exclusively by one (1) family.

(1)

Site-built single-family detached dwelling means a single-family detached dwelling constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with all requirements of the building codes as adopted by the city/county.

(2)

Class A single-family detached dwelling means a site-built single-family detached dwelling, a one-family manufactured home or a one-family industrialized home that meets or exceeds the compatibility standards for single-family and two-family dwellings under section XYZ.

(3)

Class B single-family detached dwelling means a site-built single-family detached dwelling, a one-family manufactured home or a one-family industrialized home that does not meet the compatibility standards for single-family and two-family dwellings under section XYZ.

Site plan: The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by approving authority.

Spot zoning: Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and that does not further the comprehensive land use plan.

Structure: Anything constructed or erected, the use which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground.

Thrift store: A retail business that operates from the resale of used household items that are donated or purchased at a very low rate. These items may be new or used.

Townhouse: One of a group of two (2) or more attached single-family residences. Each townhouse unit is separated from the adjoining unit or units by an approved fire wall or walls. Fire walls shall be located on the lot line. Each townhouse has a front and rear ground level entrance. The townhouse is located on its own approved, recorded "lot".

Travel trailer: A motorized camper, converted bus, tent-trailer or other similar vehicular or portable structure used or designed for temporary portable housing or occupancy while on vacation, recreation or other trips which provide sleeping accommodations.

Travel trailer parks: Travel trailer park where the principal use is for overnight tourists, or for vacationers whose stay will not exceed one hundred eighty (180) days.

Two-family dwelling: A residential building designed for and occupied exclusively by two (2) families living independently of each other in separate dwelling units.

(1)

Site-built two-family dwelling means a two-family dwelling constructed on the building site from basic materials delivered to the site, and which is constructed in accordance with all requirements of the building codes as adopted by the city/county.

(2)

Class A two-family dwelling means a site-built two-family dwelling, a two-family manufactured home or a two-family industrialized home that meets or exceeds the compatibility standards for single-family and two-family dwellings under section XYZ.

(3)

Class B two-family detached dwelling means a site-built two-family dwelling, a two-family manufactured home or a two-family industrialized home that does not meet the compatibility standards for single-family and two-family dwellings under section XYZ.

Undue hardship: A condition which shall be considered to exist only when one (1) or more of the following apply to a particular piece of property, and such condition has not been created by action of the property owner.

(a)

The owner cannot comply with the provisions of this chapter without violating some other ordinance or sections of this chapter.

(b)

The provisions of this chapter create for the property owner a peculiar condition not common to other nearby property owners.

(c)

A conforming use or requirement is incongruous with the remainder of the area in which the property is located.

(d)

The topography of the land or shape of a particular lot precludes a conforming use.

Variance: A variance is a relaxation of the terms of the zoning ordinance [this chapter] where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the particular property and not the result of any action of the applicant, a literal enforcement of this chapter's, requirements would result in unnecessary and undue hardship (see section 22-430).

Zero lot line: The location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.

(Ord. No. 548, Art. II, 1-8-01; Ord. No. 642, § 1, 8-14-06; Ord. No. 699, § 1, 7-14-08; Ord. No. 823, § 1, 3-9-20; Ord. No. 844, § 1, 2-27-23)

In addition to the other requirements, the use of land shall be subject to the general provisions set forth in sections 22-7 through 22-32.

(Ord. No. 548, Art. III, 1-8-01)

Whenever any provision of this chapter imposes more stringent requirements, regulations restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the provision of this chapter shall govern.

(Ord. No. 548, § 3.01, 1-8-01)

No building or structure or part thereof, shall hereinafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(Ord. No. 548, § 3.02, 1-8-01)

All streets, alleys and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting such streets, alleys or railroad rights-of-way. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

(Ord. No. 548, § 3.03, 1-8-01)

No building shall be erected, converted, enlarged or structurally altered; nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the zoning district in which the building or land is located.

(Ord. No. 548, § 3.04, 1-8-01)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which the building is located.

(Ord. No. 548, § 3.05, 1-8-01)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flag poles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than twenty-five (25) percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose, other than a use incidental to the main use of the building. The erection of radio and television transmitting, relay or other types of antenna towers, where permitted, shall abide by the regulations set forth.

(Ord. No. 548, § 3.06, 1-8-01)

Any use or structure existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations. Any use or building which does not conform to this chapter (see section 22-351 et seq.) may not be:

(a)

Changed to another nonconforming use.

(b)

Re-established after discontinuance for twelve (12) months.

(c)

Extended except in conformity with these regulations.

(d)

Rebuilt, altered or repaired after damage exceeding fifty (50) percent of the fair market value of the building immediately prior to damage, excepting buildings that have an age of more than one hundred (100) years, which building, if rebuilt or restored, shall be substantially restored to the same appearance as before the damage occurred provided, however, that a building permit to initiate restoration must be obtained within six (6) months of the occurrence of damage.

(Ord. No. 548, § 3.07, 1-8-01; Ord. No. 600, § 1, 10-13-03; Ord. No. 605, § 1, 1-12-04)

Only one (1) main structure or building and its customary accessory structures shall hereafter be placed or erected on any residential lot, except with the PUD zoning districts. Within the PUDs and R-3 districts site development plans will be reviewed by the planning commission and approved by the mayor and city council.

(Ord. No. 548, § 3.08, 1-8-01)

Any residentially zoned lot which was of record at the time of the adoption of Ordinance No. 548 that does not meet the requirements of this chapter for yards or other area or open space, may be utilized for single residence purposes, provided the area for such yard or court in width, depth, or open space is not less than sixty-five (65) percent of that required by the terms of this chapter, excepting that vacant lots having in the aggregate a continuous frontage of one hundred twenty (120) feet or more shall not be subject to this exception. The purpose is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

(Ord. No. 548, § 3.09, 1-8-01)

Every principal residential dwelling shall front upon a public street, except that in the case of the planned unit developments in the R-PUD multiple residential zone.

(Ord. No. 548, § 3.10, 1-8-01)

In all zoning districts, other than the C-2 central business district, no fence, wall, hedge or shrub planting which obstructs the site lines at elevations between two (2) and twelve (12) feet above the roadways shall be placed on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines.

(Ord. No. 548, § 3.11, 1-8-01)

No lot shall be reduced in size so that lot width, yard requirements, lot area per dwelling unit, or other requirements of this chapter are not maintained.

(Ord. No. 548, § 3.12, 1-8-01)

Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(a)

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.

(b)

Accessory buildings, except garages; shall be erected in any required yard except a front yard, providing further that in no instance shall such a building be nearer than five (5) feet to any adjoining side lot line or rear lot line.

(c)

An accessory building shall not exceed the height of the primary structure.

(d)

An accessory building shall not be located on that portion of the lot in the area of the principal building except when structurally attached to the principal building.

(e)

No detached accessory building shall be located closer than fifteen (15) feet to any principal building.

(f)

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.

(g)

When an accessory building is to be located on a corner lot, said building shall not project beyond the front yard line required on the lot of such corner lot.

(h)

Garages/carports. In any residence zone, no garage or carport shall be erected closer to the side lot line than the permitted distance for the dwelling, unless the garage or carport shall be completely to the rear of the dwelling in which event, the garage or carport may be erected five (5) feet from the side and rear lot line.

(Ord. No. 548, § 3.13, 1-8-01)

(a)

It shall be prohibited use in all residentially zoned districts including manufactured home parks to park or store wrecked or junked vehicles, power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable material in large quantities that exceed those needed for the homeowner use.

(b)

Tractor-trailer combinations, tractors or trailers shall not be placed or stored in residentially zoned districts.

(c)

Kennels.

(d)

Commercial ingress and egress will not be permitted in any residentially zoned districts.

(e)

The raising of quail, fowl, poultry, fish bait and similar activities [will not be permitted in any residentially zoned districts].

(Ord. No. 548, § 3.14, 1-8-01)

In order to regulate and control the problems of noise, odor, light, fumes, vibrations, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of service stations, gas stations/mini-marts, and QSRs and to regulate and control the adverse effects which these and other problems incidental [thereto] may exercise upon adjacent and surrounding areas, the following regulations and requirements are provided herein for service stations, gas stations/mini-marts, and QSRs located in any zone. No service station, gas station/mini-marts, or QSRs existing on the effective date of this Ordinance No. 548 shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of the ordinance.

(a)

A service station, gas station/mini-mart, or QSR shall be located on a lot having a frontage along the principal street of not less than one hundred fifty (150) feet, and having minimum area of not less than fifteen thousand (15,000) square feet.

(b)

A service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than forty (40) feet from any street lot line, and not less than ten (10) feet from any other lot line.

(c)

For commercial driveways when one (1) or more driveways serve a given frontage, no single approach shall exceed fifty (50) feet. When a commercial establishment controls seventy-five (75) feet or more of street frontage, the number of driveways shall be limited to two (2) for the first seventy-five (75) feet or part thereof and not more than one (1) additional driveway for each additional seventy-five (75) feet. No portion of a driveway shall be less than ten (10) feet away from the property line not located at an intersection. When only one (1) lane of traffic is provided in a single driveway, the width of a driveway approach shall not exceed twenty (20) feet.

(d)

A raised curb six (6) inches in height shall be erected along all street lot lines, except for driveway openings.

(e)

The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant-mixed asphalt material or if any part of the lots is not so surfaced, then that area shall be landscaped and separated from all surface areas by a low barrier or curb.

(f)

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or services while parked upon or overhanging any public sidewalk, street or right-of-way.

(g)

A service station, gas station/mini-mart or QSR located on a lot having an area of fifteen thousand (15,000) square feet shall include not more than eight (8) dispensing nozzles and service stations may include up to two (2) enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two (2) dispensing nozzles for service stations, gas stations/mini-marts, and QSRs and one (1) enclosed stall for service stations may be included with the provision of each additional two thousand (2,000) square feet of lot area.

(h)

Where a service station, gas station/mini-mart, or QSR adjoins any property located in any residentially zoned districts, or is separated from any such property by a public alley only, a landscaped greenbelt, fencing, or wall shall be provided and maintained by owners of said service station, gas station/mini-mart or QSR as spelled out in section 22-22, Protective screenings.

(i)

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent public and private property.

(Ord. No. 548, § 3.15, 1-8-01)

All planting plans shall be first submitted to the planning commission for approval as to suitability of planting materials and arrangement thereof in accordance with the provisions of this chapter. If, in the opinion of the planning commission and approval by mayor and city council, the green belt would serve no good purpose, the commission may waive such requirements.

(a)

Residential buffers. In order to provide adequate protective screening for residential areas adjacent to or near nonresidential areas, the following regulations shall apply:

Adjacent residential property. Where a manufacturing or commercial district abuts directly upon a residentially zoned district, a landscaped greenbelt, fencing, or wall shall be provided and maintained by owners of said manufacturing or commercial properties as deemed appropriate by the planning commission and approved by the mayor and city council. The following regulations and specifications for protective screening shall apply:

(1)

Landscaped greenbelt. Such greenbelt shall not be less than twenty (20) feet wide and shall be planted with deciduous trees, evergreens, flowering trees or ornamental trees.

(2)

Fencing. The fencing shall be opaque and made of any of the following types of materials: Clear heart redwood, heart cypress, red cedar, or treated Southern yellow pine or other suitable like materials. Such fencing shall be at least six (6) feet in height.

(3)

Wall. The wall shall consist of brick, stone or other suitable like materials and shall be at least six (6) feet in height.

(b)

Junk yard buffers.

(1)

No junk yard shall be permitted closer than three hundred (300) feet to any R-1AA, R1A, R-1, R-2, R-3, R-PUD, or R-TH district; and

(2)

A fence or wall, not less than eight (8) foot, shall be provided around the perimeter of said junk yard. Such fencing or wall shall be opaque and constructed of wood (as defined in section 22-22(a)(2) above, or masonry. Such fencing or wall shall be used to shield contents of said junk yard from view of public streets or adjacent areas. Fences or walls shall be properly maintained at all times; and

(3)

No operations shall be conducted within junk yards which may cause a nuisance or endanger the public health; and

(4)

There shall be no temporary or permanent storage at a junk yard of vehicles or junk outside of the fence or wall required (see section 22-22(b)(2) above, nor shall there be any cars or junk piled higher than seven (7) feet in height.

(5)

All junk yards which are in existence on the effective date of Ordinance No. 548, shall be required to meet all the conditions set forth in section 22-22(b)(1) through (4) above, within one (1) year from the effective date of Ordinance No. 548.

Where the development of manufactured commercial property or the establishment of a junk yard requires a buffer zone to protect the surrounding properties, said buffer zone should be depicted on the plat and/or recorded on the deed [to] said property.

(Ord. No. 548, § 3.16, 1-8-01)

Editor's note— Ord. No. 642, adopted Aug. 14, 2006, repealed the provisions of former § 22-23, which pertained to radio and television stations and derived from Ord. No. 548, adopted Jan. 8, 2001.

(a)

Satellite receiving dish antennas shall be allowed in all zoning districts.

(b)

However, in all residential zones the following requirements will apply:

(1)

If the antenna shall be less than three (3) feet in diameter, the antenna shall be erected according to setback requirements from property lines as is the rule applicable to accessory buildings. The location of an antenna three (3) feet or larger in diameter, shall be confined to the rear yard and the setback requirements regarding location of the antenna, shall be the same as the rule applicable to accessory buildings. The location of an antenna of this size must be approved by the building inspection department before installation is permitted.

(2)

The location of an antenna shall not create a hazard to traffic or interfere with public utilities.

(c)

In all other zoning districts, antennas will be so placed as not to create a hazard to traffic or public utilities.

(Ord. No. 548, § 3.18, 1-8-01; Ord. No. 717, § 1, 4-12-10)

The Cairo Planning Commission shall make a study of any property proposed for annexing into the City of Cairo and forward its zoning recommendations to the mayor and city council for their review and action.

If the annexation is requested by anyone other than the City of Cairo, the applicant will pay the appropriate fees for a zoning petition.

(1)

Zoning of property to be annexed may begin after the jurisdiction currently governing the property is notified in writing of the proposed annexation.

a.

A zoning public hearing must be conducted prior to the annexation of the subject property into the city.

b.

A notice of the zoning public hearing must be published in a newspaper of general circulation and a sign shall also be placed on the property to be annexed and zoned in accordance with sections 22-427 and 22-428.

(2)

The zoning classification approved by the city following the required public hearing shall become effective on the later of the following two (2) dates:

a.

The date the zoning is approved by the city; or

b.

The date the annexation becomes effective.

(Ord. No. 548, § 3.19, 1-8-01)

The director of public works (hereafter referred to as the director) shall review and approve a stormwater drainage plan for all classes of construction and property development prior to the issuance of any permits by the building inspector. The plan must include the following as a minimum:

(1)

Provisions for stormwater retention, if required by the terms of this chapter.

(2)

Plans for the controlled release of retained stormwater into the Cairo stormwater drainage system. (The rate of release cannot exceed predevelopment flow rates from the property being developed).

(3)

A topographic map of the property or sufficient spot elevations on the plan at critical points to confirm direction of stormwater flow before and after development. Finished floor elevations must be shown.

(4)

The approximate limits of any flood zone encroaching onto the property or a written statement that no part of the property is in a flood zone.

(5)

Sizes of all existing and proposed stormwater facilities on or near the property which will be used to drain the property. Calculations to support the sizing of all drainage structures shall be submitted simultaneously with the drainage plan.

(6)

If the property to be developed is contiguous to a state route or proposes to use a state department of transportation (DOT) drainage system for stormwater disposal, written evidence of coordination with DOT and copies of all DOT permits must be provided with the stormwater plan.

The above described stormwater plan shall be developed by and bear the stamp of a registered land surveyor or professional engineer, licensed to practice in the State of Georgia.

The above notwithstanding, a stormwater plan shall not be required on:

(a)

A single-family residential lot of one (1) acre or less unless that lot is contiguous to a larger tract, which in the opinion of the director is likely to be developed in the near future. In this latter case, the director, at its [his/her] discretion, may require a drainage plan for the entire tract.

(b)

New construction, where the total area to be paved and/or to be covered by roof is less than six thousand (6,000) square feet. If, however, the property abuts a state right-of-way, written evidence of coordination with DOT will be required.

The developer must bear all costs associated with management of stormwater on the property to be developed.

(Ord. No. 548, § 3.20, 1-8-01)

The following regulations shall apply for home occupations:

(1)

One (1) non-illuminated name plate, which is not more than two (2) square feet in area, may be attached to the building which shall contain only the name and occupation of the resident of the premises.

(2)

No internal or external alterations or construction features, equipment, machinery, or outdoor storage not customary in residential uses.

(3)

No article or service is sold or offered for sale on the premises, except such as is produced by such occupation.

(4)

Barber shops, beauty shops, tanning bed salons, massage therapy, addressing/billing service, art instructor, music teacher, photography, seamstress, internet-based business, family daycare, home office for small service-based business such as insurance agent, real estate agent, tax consultant, construction contractor, lawn care or cleaning service.

(5)

Home occupations shall not include any type of retail business or manufacturing business, except craft or hobby-type businesses.

(6)

Home occupations shall not include any clairvoyance or fortune telling business.

(7)

Any violations of the aforementioned regulations shall be cause for revocation of a home occupation permit after giving due notice to all parties concerned and granting full opportunity for a hearing.

(Ord. No. 548, § 3.21, 1-8-01; Ord. No. 563, § 1, 8-13-01; Ord. No. 642, § 3, 8-14-06)

Where a zoning district divides a lot, tract or parcel of land at the time such district boundary is established, the use classification of the less restricted district may be extended to the property line, but shall not be extended more than a distance of one hundred (100) feet without the permission of the planning commission.

(Ord. No. 548, § 3.22, 1-8-01)

Developments of regional impact are large development projects that are likely to create impacts in other local jurisdictions. The city will comply with state intergovernmental review procedures relating to new developments proposed within the city which meet or exceed the minimum thresholds identified in the department of community affairs' Procedures and Guidelines for the Review of Development of Regional Impact (DRI). A copy of these Procedures and Guidelines for the Review of Development of Regional Impact (DRI) can be found in the Appendix.

(Ord. No. 548, § 3.23, 1-8-01)

Editor's note— Such Procedures and Guidelines for the Review of Development of Regional Impact (DRI) referenced above are not set out at length herein, but are on file and available for inspection with the city.

Modular office units will be permitted uses only in the C-2, I-1, and I-2 districts with the following restrictions:

(a)

All modular office units will be placed on a permanent foundation; and

(b)

All modular office units will be oriented to parallel the public street on which the office fronts; and

(c)

[Modular office units are] Required to meet the Southern Standard Building Codes.

*Mobile homes may not be used as offices. A manufactured home may only be used as an office for the sale of manufactured housing.

(Ord. No. 548, § 3.24, 1-8-01)

The purpose of this section is to establish standards and regulations for the siting of antennas and towers.

(a)

All siting of antennas and towers will be required to submit site plans first to the planning commission and approved by the mayor and city council.

(b)

Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that are either within the city limits of Cairo or within one-quarter (¼) mile of the border thereof, including specific information about the location, height, and design of each tower.

(c)

The following shall govern the location of all towers and the installation of all antennas. If, in the opinion of the planning commission and approval by mayor and city council, these requirements would serve no good purpose, the commission may waive such requirements.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(d)

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may, in the manner provided in Sections 41-2-8 through 41-2-17 of the Official Code of Georgia, remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. No. 548, § 3.25, 1-8-01)

The planning commission may recommend to the mayor and city council approval of a variance for the use of one (1) hardship manufactured home or travel trailer per lot. The application for such a variance shall follow the general procedures for the rezoning including advertisement and public hearing requirements. The placement of one (1) hardship manufactured home or travel trailer on an occupied residential lot may be allowed if it is established that a genuine hardship exists only by reason of medical disability or age and the following variance criteria are met:

(a)

The subject occupant of the manufactured home or travel trailer is a relative by blood or marriage of the owner of the property; and

(b)

Documentation of medical disability or age infirmity is required to be certified by a medical doctor's statement. This certification will be valid for a one-year period. If an extension is needed after one (1) year, a new application for a hardship variance shall be submitted along with a new advertising fee; and

(c)

Said manufactured home or travel trailer shall be removed from the premises within sixty (60) days when the specified disability ceases to exist; and

(d)

Under no circumstances shall the manufactured home or travel trailer be rented or otherwise occupied by anyone other than the approved applicant, nor shall it be used for storage, or other similar uses; and

(e)

The planning commission may impose reasonable requirements which would effect the interests of the public health safety and general welfare.

(Ord. No. 548, § 3.26, 1-8-01)