No building shall be moved, erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regulations specified by this section for the district in which the building or land is located.

a)

Substandard lots. Any residentially zoned lot which was of record at the time of the adoption of this ordinance that does not meet the requirements of this ordinance for yards or other area or open space, may be utilized for single residence purposes, provided:

1.

The area for such yard or court in width, depth, or open space is not less than 75 percent of that required by the terms of this ordinance, excepting that vacant lots having in the aggregate a continuous frontage of 120 feet or more shall not be subject to this exception;

2.

In the absence of an approved community water supply and/or wastewater treatment system, said lot can meet the requirements of the county health department for the installation of wells and/or septic tanks. The purpose is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable health and living standards can be provided.

When a subdivision of land or portion thereof contains lots or parcels of land that do not conform to the lot area or lot frontage provisions of this article and such tract of land is under one ownership and has remained unimproved or undeveloped for a period of two years from the effective date of this ordinance from which this article is derived, it shall be incumbent upon the owner of such tract to replat the tract to conform to the minimum area and frontage provisions of this article for the district in which the lands are located. It shall be the property owner's responsibility to ensure the lots or parcels of land conform to the minimum area requirements of this ordinance before ownership is transferred to another party.

b)

Lot may not be reduced in size below minimum requirements. No parcel of land, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side, or rear yard, inner or outer courts, lot area per unit, or other requirements of this ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for public use.

c)

Lot size. All lots shall conform to the area requirements set forth in the zoning districts in which they are located. Residential corner lots shall have adequate width to permit appropriate building setbacks from and orientation to both abutting streets.

d)

Building lines. A building line, meeting the front, rear and side yard setback requirements of the zoning district in which the parcel of land is located, shall be established on all lots.

e)

Double frontage lots. Double frontage lots should be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. When allowed, a strip of land at least ten feet in width, and across which there shall be no right of access, shall be provided along the lot or line of lots abutting such traffic artery.

f)

Lots must abut public street. No building or structure shall be erected on a lot or portion of a lot which does not abut on a public street for at least 25 feet. (See Flag lot.)

g)

Access to public streets. Access to public streets shall be maintained in accordance with a minimum 25-foot frontage on a public street.

h)

Subdivision lots. Lots contained in a subdivision proposal or plat shall conform to the requirements set forth in the zoning districts within which the subdivision is located, as supplemented or amended by the city subdivision regulations.

i)

Permit requirements. No building, structure or site alterations shall be allowed on a lot or a portion of a lot before a building permit, site alteration permit, and/or land disturbance permit is obtained from the city; to ensure the provisions of this ordinance are complied with by the petitioner.

[The following uses are prohibited in residential districts:]

a)

It shall be a prohibited use in all residentially zoned districts to park or store wrecked or junked vehicles, power-driven construction equipment.

b)

Tractor trailer combinations or detached commercial trailers shall not be placed or stored in residentially zoned districts or subdivisions. (See section 6.10.)

c)

Kennels.

d)

Junk yard.

a)

Accessory buildings. Location and uses of accessory buildings in all zoning districts shall be governed by the following conditions:

1.

Attached to main dwelling. Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building must be an integral part of the main building, and such accessory building must be attached to the main building in a substantial manner by a roof. Such attached accessory building shall comply in all respects with the requirements applicable to the main building.

2.

Detached from main dwelling. A detached accessory building shall not be closer than three feet to a lot line.

3.

Height and lot coverage requirements for detached accessory building. A detached accessory building shall not exceed 12 feet in height and shall not be located in a front yard nor cover more than 35 percent of the side or rear yard.

b)

Temporary buildings. Temporary buildings may be used only in conjunction with construction work in any zoning district and shall be removed immediately upon the completion of construction. A certificate of zoning compliance must be obtained for use of a temporary building.

c)

Satellite dish antennae. Satellite dishes shall be treated as accessory structures. (See section 4.13.)

d)

Swimming pools (above-ground or in-ground). Will be treated as an accessory structure.

Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building and the customary accessory buildings on one lot or parcel of land.

a)

No detached accessory building shall be located on the front yard of a lot.

b)

When an accessory building is attached to a principal structure by a breezeway, roofed passage or otherwise, it shall comply with the dimensional requirements of the principal building.

c)

A detached accessory building shall not be constructed closer than three feet to the side and rear lot lines.

d)

An accessory building shall not exceed 12 feet in height, nor occupy more than 35 percent of a required rear yard.

e)

No dwelling shall be erected on a lot or portion of a lot which does not abut upon a public street with a minimum frontage of 25 feet.

f)

Accessory buildings will not be located or approved on a lot before the primary building has been approved and [is] under construction.

g)

Flag lots are allowed only in single-family residential districts when the location of an existing house precludes a land division that creates another lot which meets the minimum street frontage requirements. A flag lot shall not be created in a proposed subdivision of three or more lots.

In all zoning districts, no fence, wall, hedge, or shrub planting which obstructs the site lines at elevations between two and 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 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.

a)

General application. No building or structure shall hereafter be erected, constructed, or altered so as to exceed the height limits specified in this ordinance and set out for the district in which it is located.

b)

Permitted exceptions to height regulations. The building height restrictions imposed on buildings and structures by this ordinance for each zoning district shall not apply to the following buildings or structures:

1.

Churches, schools, hospitals, sanitariums, and other public buildings and public utility structures. There shall be no restriction on the height of such buildings or structures, provided on the front, side, and rear yards required in the district in which such building is to be located shall be increased an additional one foot for each ten feet that the building exceeds the maximum height permitted in the district;

2.

Barns, silos, grain elevators, other farm structures, belfries, cupolas, domes, monuments, water towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts, and aerials; and

3.

Where located on building roofs, bulkheads, water tanks, scenery lofts, and similar structures, provided that such structures shall not cover more than 25 percent of the total roof area of the building.

None of these exceptions to height limits shall apply to temporary or business signs which shall be subject to all height limitations of the district in which they are located and other applicable requirements as required by the city.

a)

Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features, chimneys and eaves, but none of these projections shall project into a minimum side yard more than 24 inches.

b)

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

c)

Open or enclosed fire escapes, fireproof outside stairways and balconies may project into a minimum yard or court not more than 3½ feet. Ordinary projections of chimneys and flues shall be permitted.

d)

Where setback lines have been established on streets, roads or highways, the front yard of all lots and the side yards of corner lots shall be measured from such setback lines.

e)

The minimum yards and other open spaces required by this section for each building shall not be encroached upon, nor considered as a yard or open space for any other building.

f)

No yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling.

The use of buffer areas and screening reduces potential incompatibility between or among different uses of land in proximity to each other. Where the commission determines that a proposed use of land or the granting of a variance from the requirements of this ordinance would have an unfavorable impact on adjoining uses or the granting of a permit for such use or variance, a permanent buffer area or screening will be established.

a)

Buffer areas. Buffer areas, when required, shall be established and permanently maintained under the following provisions:

1.

Be maintained as a planted area (or landscaped berm), using existing vegetation, or, when required, additional plantings as provided below;

2.

Be in such dimension as the commission may determine necessary, but in no event less than 20 feet measured at right angles to property lines contiguous to the designated property lines;

3.

Be landscaped with trees, shrubs, flowers, grass, stone, rocks and other landscaping materials; landscaping plants shall be composed of healthy plants which possess growth characteristics of such a nature so as to produce a dense compact planting screen of not less than six feet in height;

4.

Be free of structures other than a fence, and not be used for parking, utility easements, or drainage improvements, unless the applicant can demonstrate that these improvements are necessary;

5.

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 this natural growth where too dense for normal growth, or to remove diseased or dangerous and decayed timbers. However, with commission approval, a slope easement may be cleared and graded where required to prevent soil erosion. This easement may cover no more than 20 percent of the required buffer area, and shall be immediately replanted upon completion of easement improvement; and

6.

Where, by reason of the topography of the land or by reason of the prior removal or lack of timber and foliage, the owner of the buffer area may be required to erect a permanent wall or fence of not less than six feet in height or screen of evergreen plantings, so designed and developed to provide visual screening. These plantings shall consist of evergreen shrubs which will, with normal growth, attain a height of six feet within three years.

(a)

No fence, wall, structure, or hedge, or other continuous planting (excluding trees) shall be erected, placed or maintained on any lot line or within any rear or side yard in residential areas more than six feet in height, measured from the natural contour of the ground adjoining lots or the particular lot (whichever is lower), except as follows:

1)

Where a residential lot abuts a business or industrial lot upon which a business is located.

2)

Where peculiar circumstances warrant approval by the planning commission, as set forth in [section] 4.10(3).

3)

Fencing must be behind the street or alley rights-of-way.

4)

A fence, wall structure, or hedge higher than four feet is prohibited in the front yard, past the front of the residence.

(b)

On a corner lot in a residential area, no fence, wall or structure, or hedge, planting or other foliage shall be erected or established greater than three feet in height within 25 feet of the street intersection.

(c)

Fences and walls shall be constructed from the following materials: chain-link, decorative metal, wood, vinyl, stone or brick. Stone or brick can only be used for columns or posts in the front yard.

(d)

All fences and walls shall be constructed:

(1)

With the finished side exposed to the outside of the enclosed area;

(2)

The support posts and framework shall be placed on the inside of the enclosed area; and

(3)

In a manner which serves to enhance the aesthetic appearance of the neighborhood or surrounding area.

(e)

A fence must be installed around all swimming pool and spa areas as prescribed by state law under Georgia State Minimum Standard Swimming Pool and Spa Code, chapter 3, General Compliance, section 305, Barrier Requirements.

(Ord. No. 2020-396, § 1, 9-9-2020)

a)

All automobile service stations shall conform to the following requirements:

1.

All pumps shall be set back at least 15 feet from the right-of-way line, or where a future widening setback line has been established, this setback shall be measured from such line. Pumps shall be set back at least 15 feet from any property line;

2.

The number of curb breaks shall not exceed two for each 100 feet of street frontage, each having a width of not more than 30 feet or less than 25 feet and located not closer than 15 feet to a street intersection. Two or more curb breaks on the same street shall be separated by an area of not less than ten feet; and

3.

When the station abuts a residential district, it shall be separated there from by a solid wall or planting buffer at least six feet high. (See [section] 4.10.a.3.)

b)

No storage tank shall be placed above ground.

a)

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

b)

Antenna meeting the FCC definition for a "dish" (one meter/39.37 inches or less in diameter) will meet the setback requirements from the property line and will be the same as those required on an accessory building, for safety purposes.

c)

Antennas not meeting the FCC definition for "dish" (more than one meter in diameter) will be erected in a rear yard and the setback requirements from the property line will be the same as those required of an accessory building.

d)

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

e)

A property owner who has in place a nonconforming antenna at the effective date of this ordinance may continue to maintain the antenna.

Manufactured homes are not allowed to be placed in R-1/R-1A Single-Family Residential Districts. Manufactured homes, site built, modular and other housing qualifying as a dwelling, single family shall meet the following compatibility standards to protect and preserve the overall existing character of established neighborhoods and the property values of the residential area. Compatibility standards are as follows:

a)

Manufactured homes qualifying as dwelling, single-family, shall be compared to site built and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the manufactured home is substantially similar in size, siding material, roof material, foundation and general aesthetic appearance to:

(i)

Site built or other forms of housing which may be permitted in the same general area under this ordinance;

(ii)

Existing development; or

(iii)

Proposed development in the same zoning district or area.

b)

All towing devices, wheels, axles and hitches must be removed.

c)

A solid facing from ground to floor will be required on all homes with materials approved by the planning commission.

d)

At each exit door there must be a landing that is a minimum of 36 inches by 36 inches with a fixed permanent platform or porch.

e)

The minimum width of the structure built or installed on the site shall be 24 feet in all R-1 and R-2 districts and 16 feet or greater in all other residential districts.

f)

The home has a length not exceeding four times its width.

g)

The minimum heated and cooled floor area shall be 960 square feet.

h)

The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, fiberglass or metal tiles, slate, materials or other materials approved by the planning commission. Corrugated metals or plastic panels are prohibited.

i)

The exterior siding materials shall consist of brick, wood, masonry, stucco, Masonite, metal or vinyl lap designed for such purposes or other materials of like appearance approved by the planning commission but shall not include corrugated metal or plastic panels.

j)

Be attached to a permanent foundation. A permanent foundation shall mean a concrete slab, concrete footers, foundation wall pilings or post construction which complies with the state minimum standard codes as amended from time to time or the Standard Building Code (SBCCI), if locally adopted or the National Manufactured Housing Construction and Safety Standards Act or the State of Georgia Industrialized Buildings Act.

k)

Be constructed according to standards established either by the state minimum standard codes as amended from time to time or the Standard Building Code (SBCCI), if locally adopted or the National Manufactured Housing Construction and Safety Standards Act or the State of Georgia Industrialized Buildings Act.

l)

The planning commission may approve deviations from one or more of the developmental or architectural standards provided herein on the basis of a finding that the materials to be utilized or the architectural style proposed for the dwelling will be compatible and harmonious with existing structures in the vicinity.

m)

These compatibility standards are not applicable and shall not be applied to manufactured homes, other manufactured homes or mobile homes when located in a manufactured home rental community or park (R-4 zoning district). Manufactured homes located in rental communities or parks (R-4 zoning district) shall comply with rules outlined in article XII of this ordinance.

Note— The requirements of the city subdivision regulations must be complied with in addition to the requirements of the zoning ordinance.

¹ Lots not served by an approved community wastewater treatment system or requirement of the health department, whichever is greater.

² When abutting a different district, a side and rear yard shall be provided as stated. When abutting an area zoned the same as the subject property, no side or rear yard shall be required.