1.

Mixed Uses: Where more than 25 percent of the total floor area of any building in a commercial district is used for dwelling purposes, even though it also supports non-residential uses, the minimum area, yard and height requirements for residential development applicable in the district in which such building is located shall apply, subject to the side yard modification for mixed uses contained elsewhere in this article. Where 25 percent or less of the total floor area of such building is used for dwelling purposes, the building shall be subject to the area, yard, and height requirements applicable to non-residential buildings in the district.

2.

Exceptions to Height Regulations:

a.

The height limitations of this ordinance shall not apply to:

b.

Public and semi-public service buildings, hospitals, institutions, and schools when permitted in a district, may be erected to a height not exceeding 100 feet, and churches and temples may be erected to a height not exceeding 75 feet, provided the required side yard and rear yards are each increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located.

3.

Lot Area:

a.

Requirements for lot area per family do not apply to dormitories, fraternities, sororities, and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

b.

Requirements for lot area per family do not apply to rental units in a hotel, motel, motor lodge, tourist home, or to rooms in a rooming or boarding house.

4.

Yards and Open Space - General:

a.

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

b.

Where these regulations refer to side streets, the Administrator shall be guided by the pattern of development in the vicinity of the lot in question in determining which of two streets is the side street.

c.

Every part of a required yard shall be open to the sky, except as authorized by this article, and excepting ordinary projections of sills, window air conditioning units, chimneys, cornices, and ornamental features which may project to a distance not to exceed 24 inches into a required yard.

d.

Except when prohibited by other provisions of this ordinance, fences, walls, and hedges, driveways, and buffer areas may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the street sides of corner lots violates the corner visibility provisions of this ordinance.

e.

Except for the following instances, only one principal building, together with its customary accessory buildings, shall occupy each lot:

(1)

Institutional Buildings

(2)

Public or Semi-Public Buildings

(3)

Multiple-Family Dwellings

(4)

Business or Commercial Buildings

(5)

Homes for the Aged

(6)

Planned Developments

The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building outside the buildable area of the lot or the intermingling of uses.

f.

In the event that a lot is to be occupied by a group of two or more related buildings to be used for residential purposes such dwelling structures shall not be situated so as to face the rear of another dwelling structure within the development or on adjoining properties, unless differences in terrain and elevation would provide effective visual separation or unless the units are more than 60 feet apart.

g.

Dwelling structures which are front face to front face or back face to back face or front face to back face shall not be less than 60 feet apart. Dwelling structures which are side face to side face shall not be less than 20 feet apart. Dwelling structures which are side face to front face or back face shall not be less than 40 feet apart.

5.

Front Yards:

a.

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

b.

On through lots, the required front yard shall be provided on each street.

c.

There shall be a yard of at least 20 feet on the side street of a corner lot in any district provided, however, that the buildable width of a lot of record at the time of issuance of this ordinance shall not be reduced to less than 28 feet.

d.

Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the required setback requirements not more than six feet.

e.

When the setback of existing buildings located within 200 feet of each side of a lot within the same block and zoning district, and fronting on the same street as that lot, is less than the minimum required setback, the setback on that lot may be the average of the existing setbacks.

6.

Side Yards:

a.

For the purpose of the side yard regulations, a group of business or commercial buildings separated by common or party walls shall be considered as one building occupying one lot.

b.

The minimum width of side yards for schools, libraries, churches, and other public and semi-public buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a business or commercial district, in which case the width of that yard shall be as required for the district in which the building is located.

7.

Rear Yards: Open or lattice-enclosed fire escapes, outside stairways, and balconies opening upon fire towers and the ordinary projections of chimneys and flues, may project into the required rear yard for a distance of not more than five feet, but only where the same are so placed as not to obstruct light and ventilation.

8.

Corner Visibility: No sign, fence, wall, hedge, planting, or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 25 feet distant from the intersection of the street lines.

9.

Fences and Walls: No fence or freestanding wall in a required yard other than a retaining wall shall be more than eight feet in height, or be constructed in a public right-of-way.

(Ord. of 10-09)

1.

Accessory Uses and Structures:

a.

Such structures shall be located on the same lot as the principal building to which it is accessory.

b.

Such structures shall not be permitted in any required front yard.

c.

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

d.

Residential accessory uses such as garages, greenhouses, or workshops, shall not be rented or occupied for commercial purposes.

e.

No accessory building shall be constructed upon a lot until construction of the principal building has commenced.

f.

Where a corner lot adjoins in the rear of a lot in a residential district, no accessory building shall be located closer to the side street right-of-way line than the principal building or closer than five feet to the rear property line.

g.

No garage or other accessory building shall be located closer than three feet to a side or rear lot line in a residential district.

h.

When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is accessory.

i.

No accessory building shall be located closer than 20 feet to the principal building or to any other accessory building in a residential district.

j.

All residential accessory buildings must be located at least 20 feet to the rear of the principal building.

k.

Areas in which the accessory storage of a boat, boat trailer, or travel trailer is permitted shall not include the required front yard.

l.

Filling station pumps and pump islands where permitted may occupy the required yards, provided, however, that they are not less than 15 feet from the street lines.

m.

No residential accessory building shall be used by other than employees of the owner, lessee, or tenant of the premises.

n.

Accessory uses in an apartment development may include, but shall not be limited to, laundry facilities for the convenience of residents, which must be housed in a primary use structure.

o.

Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard, provided that they are not located closer than six feet to a rear lot line or ten feet to an interior side lot line. A walk space at least three feet wide shall be provided between pool walls and protective fences or barrier walls. On double fronting lots, an open or enclosed swimming pool, located in the rear of the dwelling, shall meet the front setback requirement for the district where the lot is located. Chain-link fencing, not higher than four (4) feet, or site impermeable privacy fencing, not higher than six (6) feet, shall enclose all in-ground pools or other above-ground pools that require permanent power connections.

p.

An ornamental fence or wall may project into or enclose the front, side, or rear yard provided such fences and walls do not exceed a height of six (6) feet and, if the curb or pavement edge happens to be the right-of-way line, then such fencing/wall shall not be closer than ten (10) feet to such right-of-way line. In order to maintain residential values and minimize negative neighborhood effects, chain link fencing of any type shall not be allowed to enclose any residential front yard.

q.

No ornamental fence or wall may project or enclose the front yard of the property located in zoning district (C-3) Commercial Parkway District. Such fences or wall may be placed in the rear or side yard and not exceed a height of six feet, and if the curb or payment edge happens to be the right-of-way line, then no such fencing/wall shall not be closer than ten feet to such right-of-way line.

2.

Customary Home Occupation:

a.

There shall be no exterior evidence of the home occupation other than a nonilluminated identification sign having an area of not more than two square feet which shall be attached wholly to the dwelling structure within such activity is conducted.

b.

Such use shall be conducted entirely within the dwelling unit and only persons living in the dwelling unit shall be employed in such occupation.

c.

No more than 25 percent of the dwelling unit may be used for the operation.

d.

There shall be no group instruction, assembly or activity.

e.

No commodity shall be stocked or sold on the premises.

f.

No materials, equipment, or business vehicles may be stored or parked on the premises except that one business vehicle (the carrying capacity of which shall not exceed one and a half tons) used exclusively by the resident may be parked in a carport, garage, or rear or side yard. The off-site employees of the resident shall not congregate on the premises for any purpose concerning the business or home occupation.

3.

Electric Transformer Station, Gas Regulator Station, and Telephone Exchange:

a.

Such uses shall be essential for service to the area in which located.

b.

Any building or structure, except an enclosing fence, shall be setback not less than 20 feet from any property line and shall meet all applicable yard requirements in excess thereof.

c.

Such uses shall be enclosed by a fence not less than eight feet in height.

d.

The required front yard and other open space on the premises outside the fenced area shall be grassed, landscaped, and maintained in an appropriate manner.

e.

The storage of vehicles and equipment on the premises shall be prohibited.

f.

Site and development plans shall be approved by the Zoning Administrator to insure compatibility of facilities in the neighborhood in which they are to be located.

(Ord. of 10-09; Ord. of 9-13-2021(1), § 1)

All structures used as dwellings shall conform to the "City of Chatsworth Housing Code."

(Ord. of 10-09)

The following requirements apply to all developers and/or owners of real property involved with the erection, repair, alteration or removal of any building or structure, as well as the grading in anticipation of such development in the C-1, C-2, C-3, M-1 and M-2 Zone Districts.

1.

Tree Planting.

a.

Street Frontage Planting Requirements. A tree planting strip, exclusive of access driveways, with an average width of ten (10) feet is required along all property lines abutting the public right-of-way. If large maturing trees are used, the planting strip shall include two (2) trees with a minimum of two (2) inches of caliper and eight (8) feet in height in the first forty (40) feet and one (1) tree per forty (40) feet thereafter or fraction thereof. If small maturing trees are used, the same conditions apply; but the increment drops to thirty (30) feet.

When a building permit is requested for renovation of a previously developed site and where the required frontage planting strip does not exist, trees are still required. However, in lieu of an ten foot wide planting strip, a pavement cutout of a minimum of eighty (80) square feet and with a minimum dimension of five (5) feet may be substituted. This substitution, if so agreed upon by all parties, must be constructed within the designated front setback area for the particular property as set forth in the Chatsworth City Zoning Ordinance.

When a railroad or utility right-of-way separates the property from a county right-of-way, the planting strip requirement and the tree planting requirements must still be met.

b.

Internal Lot Planting Requirements. Whenever the impervious cover of a lot exceeds ten thousand (10,000) square feet, an area equal to five (5) percent of the total impervious surface must be provided for landscaping and tree planting. Tree planting is required at the rate of one (1) tree per ten thousand (10,000) square feet of impervious cover.

Trees must be planted within the paved area so that no parking space is more than ninety (90) feet from a tree. Minimum unpaved landscape area per tree shall be one hundred sixty (160) square feet with a minimum dimension of eight (8) feet.

When a building permit is requested for the renovation of a site previously developed, internal tree planting is still required; and the minimum planting area shall be one hundred sixty (160) square feet per tree. Five (5) percent of the total impervious cover must be open for landscape purposes.

c.

Tree specifications. The trees to be planted must be from an approved list supplied by the City. Minimum tree caliper measured six (6) inches aboveground on all trees shall be two (2) inches, and the minimum height shall be eight (8) feet. No trees identified as "large maturing" shall be planted within (20) feet of an electrical transmissions or distribution line. This does not include low voltage insulated or covered lines of two hundred forty (240) volts or less of telephone or cable vision lines.

2.

Utility Responsibility. Public and private utilities which install overhead and underground utilities including CATV installations, and water and sewer by or at the direction of all utility departments shall be required to accomplish all work on property subject to this article in accordance with the company's written pruning and trenching specifications or as mutually agreeable to the property owner and the utility. Written specifications shall have been first approved by the City.

(Ord. of 10-09)

The location of freestanding communication towers may be permitted under the provision of this section. The intent of this section is to: provide for the appropriate location and development of communication towers and antennae to serve the residents and businesses of the City of Chatsworth; minimize adverse visual impacts of towers and antennae through careful design, siting, landscape and innovative camouflaging techniques; and to encourage and promote the location of new communication towers in areas which are not zoned for residential use.

1.

Height Requirements. No antenna or tower shall exceed 250 feet in height. Antenna and towers located in the General Commercial (C-2), Commercial Parkway (C-3), or Central Business District (CBD) shall not exceed the following height limitations.

a.

For a single user, no more than seventy (70) feet in height;

b.

For two users, no more than (100) feet in height; and

c.

For three users, no more than one hundred and fifty (150) feet in height.

2.

Roof Top Mounted Antennas. Rooftop mounted communications towers and antennae may be located on any nonresidential buildings and alternative tower structures in the City of Chatsworth so long as:

a.

Such tower or antenna is set back from any existing or planned off-site residence and separated from any residentially zoned property at least a distance equal to two times the full height of the tower and antenna, but in no event less than one hundred (100) feet;

b.

The existing free-standing nonresidential structure other than a tower on which such tower or antenna will be placed is fifty (50) feet in height or greater and the tower and antenna will add no more than twenty (20) feet total to the height of said existing structure;

c.

No signs or illumination are permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the enforcement officer may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views; and

d.

The number and location of antennae, communication towers or other receiving or transmitting devices located on a single structure that is not excessive and does not adversely affect adjacent properties and views.

3.

Safety Standards. To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Tower owners shall conduct periodic inspections of communication towers at least once every three years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in the State of Georgia.

4.

Regulatory Compliance. All towers and antennae must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate communications towers and antennae. If such standards and regulations are changed then the owners of the communications towers and antennae into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Tower owners shall provide documentation showing that each communication tower is in compliance with all federal requirements. Evidence of compliance must be submitted every 12 months.

5.

Security. Communication towers shall be enclosed by decay-resistant security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device.

6.

Lighting. No illumination is permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the Zoning Board of Appeals may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

7.

Advertising. No advertising is permitted on an antenna or tower.

8.

Visual Impact.

a.

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

b.

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.

c.

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.

d.

Towers clustered at the same site shall be of similar height and design.

e.

Towers shall be at a minimum height necessary to provide parity with existing similar tower supported antenna, and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

9.

Landscaping. Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property and shall be as follows:

a.

A buffer area no less than 6 feet wide shall commence at the property line.

b.

The buffer zone is to consist of materials of a variety which can be expected to grow to form a continuous hedge at least five feet in height within two years of planting.

c.

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff/maintenance.

d.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be replanted to replace that lost.

e.

In lieu of these standards, the Enforcement Officer may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes and/or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Zoning Board of Appeals.

(Ord. of 10-09)

See the Flood Damage Prevention Ordinance in the Appendices.

(Ord. of 10-09)

The City of Chatsworth acknowledges that temporary structures, such as tents, may be periodically used for special events, activities, entertainment, temporary sales of various products, and the like. However, the City of Chatsworth has determined that specific requirements are necessary to secure the health, safety, and welfare of the entire community by regulating temporary structures/uses, as follows:

1)

A temporary structure/use permit shall be required from the City of Chatsworth for such temporary structure/use;

2)

The use sheltered by the temporary structure shall be limited to not more than fourteen (14) days, not more than twice annually, non-consecutively, at any location with the City of Chatsworth, except that seasonal events, such as holiday tree sales lots shall be permitted to operate for up to two (2) consecutive fourteen (14) day periods annually;

3)

A temporary structure shall be promptly removed at the conclusion of the temporary use associated with such temporary structure;

4)

A temporary structure shall require either permanent restroom facilities upon the same lot/parcel or the placement of portable toilets on-site, in the discretion of the Zoning Administrator;

5)

A temporary structure shall require the installation of temporary electrical power, rather than the use of batteries or motorized generators;

6)

No overnight camping shall be allowed in conjunction with a temporary structure/use;

7)

Setback requirements of the applicable zone district shall apply and shall be measured from the outermost edge of the temporary structure to the property lines;

8)

Off-street parking requirements shall be required in conjunction with the applicable use: e.g. seating capacity of a church facility, or parking spaces per square feet of gross floor area for the use sheltered by the temporary structure. Temporary structures used in conjunction with permanent structures shall be exempt from additional off-street parking requirements.

9)

Food service providers shall comply with all requirements of the Murray County Environmental Health Department, as applicable.

(Ord. of 10-09)