The lawful use of any building or structure or land existing at the time of the enactment of or subsequent amendment to this ordinance may be continued subject to the restrictions contained in this ordinance even though such use does not conform with the provisions of this ordinance except that the nonconforming structure or use shall not be:

1.

Changed to another nonconforming use;

2.

Torn down and rebuilt as a nonconforming use;

3.

Extended or enlarged except in conformity with this ordinance;

4.

Reestablished after vacancy, nonuse or discontinuance for a continuous period of 12 months;

5.

Rebuilt, altered or repaired, except in conformity with this ordinance, after damage exceeding 50 percent of the assessed value of the improvements as determined by the records maintained in the office of the Gordon County Tax Assessor.

6.2.1. All territory which may hereafter be annexed to the City of Calhoun shall be so annexed in accordance with O.C.G.A. Art. 2, Ch. 36, T. 36 (O.C.G.A. § 36-36-20 et seq.), as amended (the 100 percent method); O.C.G.A. Art. 3, Ch. 36, T. 36 (O.C.G.A. § 36-36-30 et seq.), as amended (the 60 percent method); [or] O.C.G.A. Art. 4, Ch. 36, T. 36 (O.C.G.A. § 36-36-50), as amended (the annexation of unincorporated islands).

6.2.2. Upon the filing of an application for annexation, the landowner shall file an application to amend the zoning map of Calhoun, Georgia for zoning consideration. At any time or after the date notice is provided to the governing authority of Gordon County, Georgia as required under O.C.G.A. § 36-36-6, as amended, the city may begin the procedures required by section 14.2 of the zoning ordinance of the City of Calhoun, Georgia, for the zoning for property to be annexed into the City of Calhoun, Georgia.

6.2.3. Upon completion of the notice requirements and hearings required by section 14.2.2 of the zoning ordinance of the City of Calhoun, Georgia, the zoning classification approved by the mayor and council shall become effective on the later of:

l.

The date the zoning decision is approved by the mayor and council; or

2.

The date the annexation becomes effective pursuant to O.C.G.A. § 36-36-2, as amended.

6.2.4. No building permits, land disturbance or other development permits or utility extensions shall be authorized, granted or constructed upon newly annexed areas until a zoning classification of the newly annexed property has been approved by the mayor and council and all permits mandated by governmental regulatory agencies, to include, but not be limited to, the EPD, state fire marshal, DOT, Army Corps of Engineers, department of labor and department of agriculture, have been granted and received.

Except in the C-1, central business district, off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established. Such automobile parking or storage space shall be provided with vehicular access to a street or alley and shall be equal in area to at least the minimum requirements for the specific use as set forth below. Each off-street parking space shall be at least nine feet wide and 18 feet deep. The number, design and location of parking spaces provided to ensure handicapped access shall comply with the Americans with Disabilities Act (ADA) standards for accessible design.

6.3.1. If the required automobile parking or storage space cannot be provided on the same lot on which the principal use is located, the building inspector may permit such space to be provided on other off-street property, provided such space is within 500 feet of such principal use. Such space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

6.3.2. All off-street automobile parking and storage space in residential districts shall be so arranged that vehicles will not be required to back onto a public street, road, or highway when leaving the premises.

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6.3.3. [Minimum requirements.]

6.3.4. All off-street parking and turnarounds (industrial, commercial, and multi-family) shall be clearly defined by the use of concrete or paving material, and shall have a vehicular turnaround. Single-family residential uses shall be exempt from the turnaround requirement.

1.

Outdoor storage yards and less traveled interior drives in commercial and industrial areas may be surfaced with gravel.

2.

Access driveways for off-street parking in single-family residential zoning districts of R-1, R-1 A, and R-1 B shall be allowed to use a gravel surface material with the exception that when gravel is used, a concrete or asphalt paved area shall be required to meet the road being accessed. Said paved area shall have a minimum length of five feet and a minimum width of 12 feet and of sufficient depth to accommodate conventional vehicular traffic. PRD zoning and platted subdivision shall not be allowed to use gravel material.

6.3.5. Drive-thru facilities and stacking lanes:

1.

All uses and facilities providing drive-up or drive-thru service shall provide stacking lanes in compliance with the standards of this section.

2.

Restaurants with drive-up or drive-thru facilities shall provide a minimum stacking space to accommodate eight vehicles. Additional space may be required by the city depending on the site plan and the distance required to ensure no traffic backs up into a roadway. A by-pass lane shall be required.

3.

Banks, financial institutions, fast food service providers and other such businesses shall provide stacking lanes and spaces, including a by-pass lane as follows:

(Ord. No. 798, § 2, 11-8-2004; Ord. No. 1071, § 1, 9-11-2023)

Cross reference— Stopping, standing and parking, § 90-111 et seq.

Every building or structure used for business, trade, or industry shall provide space as indicated herein for the loading and unloading of vehicles off the right-of-way of the street or public alley. Such space shall have access to an alley or if there is no alley, to a street. Such space shall have at least 14 feet of vertical clearance. Such space shall be so arranged that no vehicle is required to back onto a public street, road, or highway in order to leave the premises.

6.4.1. Retail business: One space, ten feet by 25 feet, for each 3,000 square feet of floor area or any part thereof.

6.4.2. Wholesale and industry: One space, ten feet by 50 feet, for each 10,000 square feet of floor area or any part thereof.

6.4.3. Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loading or unloading at the terminal at any one time.

Cross reference— Stopping, standing and parking, § 90-111 et seq.

A buffer area shall be defined as that portion of a lot set aside for one space and/or visual screening purpose, pursuant to applicable provisions of this section, to separate different use districts and/or uses on one property from uses on another property of the same use district or a different use district. Buffers shall be natural/undisturbed areas of existing mature trees. Where substantially devoid of existing trees, or where it is necessary to disturb the existing natural area, a planted/landscaped buffer shall be established. Buffers shall provide year-round visual screening from the ground to a height of at least six feet.

6.5.1. An adequate buffer strip at least 50 feet in width shall be required and maintained between an area zoned R-1, R-1A, or R-1B (and any equivalent single-family residential zoning in unincorporated Gordon County that has contiguous parcels) and any area zoned as R-2, R-2A, R-3, or O-I. Such buffer shall be constructed and/or maintained by the owner of the land zoned R-2, R-2A, R-3, or O-I.

6.5.2. Said buffer area may not be used for any parking or for the erection of any permanent structure thereon except a fence, if desired. However, a buffer area may be used for vehicular access and utility easements and for drainage improvements required by the city based upon competent engineering studies.

6.5.3. Except as provided herein, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers. However, a slope easement may be cleared and graded where required to prevent soil erosion upon approval of the city building inspector.

6.5.4. An adequate buffer strip of at least 20 feet in width shall be required and maintained between any area zoned commercial, C-1, C-2, or C-N, and any area zoned residential, R-1, R-1A, R-1B, R-2, R-2A, R-3, O-I (and any equivalent single-family residential zoning in unincorporated Gordon County that has contiguous parcels). Such buffer shall be constructed and maintained by the owner of the land zoned as commercial.

6.5.5. Further, the owner of the land zoned as commercial shall also construct a fence along the edge of said required buffer area. Said fence shall be at least six feet in height and shall be constructed of masonry, ventilated redwood, cedar, chainlink fence with natural planting or other similar materials.

6.5.6. Said buffer area may not be used for any parking or for the erection of any permanent structure thereon except the required fence. Said buffer may be used for the construction of drainage improvements required by the city based upon competent engineering studies.

6.5.7. The lawful use of any building or structure or land existing at the time of the enactment of or subsequent amendment to this section may be continued subject to the restrictions contained in this section even though such use does not conform with the provisions of this section except that the nonconforming structure or use shall not be:

1.

Changed to another nonconforming use;

2.

Torn down and rebuilt as a nonconforming use;

3.

Extended or enlarged except in conformity with this section;

4.

Reestablished after vacancy or discontinuance for one year;

5.

Rebuilt, altered, or repaired, except in conformity with this section, after damage exceeding 100 percent of the assessed value of the improvements as determined from the tax records of Gordon County, provided, however, this provision shall not apply to owner-occupied dwellings.

6.5.8. An adequate buffer strip of at least 100 feet in width shall be required and maintained between any area zoned Ind-G general industrial district, and any area zoned residential, R-1, R-1A, R-1B, R-2, R-2A, R-3, O-I (and any equivalent single-family residential zoning in unincorporated Gordon County that has contiguous parcels). Such buffer shall be constructed and maintained by the owner of the land zoned as industrial. Said buffer area may not be used for any parking or for the erection of any permanent structure thereon except a fence, if desired. However, a buffer area may be used for vehicular access and utility casements and for drainage improvements required by the city based upon competent engineering studies.

(Ord. No. 1089, § 1, 9-9-2024)

The official zoning map, as amended to contain all annexations, zonings and rezonings through the date of any application for a zoning decision as adopted, and copies shall be maintained in the office of the city administrator at city hall and the city council chambers at the Depot Community Room, 109 South King Street, Calhoun, Georgia.

(Ord. No. 774, § 1, 5-10-2004; Ord. No. 800, § 1, 3-28-2005; Ord. No. 1058, § 2, 6-12-2023)

Editor's note— Ord. No 1058, § 2, adopted June 12, 2023, repealed former § 6.6, and renumbered § 6.7 as § 6.6 as set out herein. The former § 6.6 pertained to variances, and derived from the original Code.