Within the districts established by this Ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. These non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts in which such uses are located. It is the intent of these regulations to permit these non-conformities to continue until they are removed, but not to encourage their survival.

500.1 Avoidance of undue hardship. To avoid undue hardship, nothing in these regulations shall be deemed to require a change in the plans, construction, or designated use of any building for which a building permit has been issued prior to the effective date of adoption or amendment of this Ordinance.

500.2 Non-conforming lots of record.

(b)[(a)]

Single non-conforming lots of record in R-4 and R-7.5 districts. Where a lot or parcel of land within the Residential - Multi-family District (R-4), or the Residential - One and Two Family, Medium Density District (R-7.5) has an area or a width less than the minimum required for a residential use, and such lot or parcel was owned as a separate unit as shown of record on the effective date of this Ordinance or amendment thereto, such lot or parcel of land shall be considered a lot of record and may be used only for residential purposes provided that the Chief Codes Official determines that there is sufficient area for a residential structure, of-street parking and set backs that will not impede vision clearance.

(a)[(b)]

Single non-conforming lots of record in R-12, R-7.5A districts and nonresidential districts. A single lot of record in any non-residential district or in R-12 (Residential - Single Family, Low Density) or R-7.5A (Residential - Single Family, Medium Density) existing at the effective date of adoption or amendment of this Ordinance which does not meet the requirements for area, width, or both that are applicable in the district may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the permitted uses in that district provided that:

(1)

Lot requirements specified by this ordinance are not reduced below the minimum established by this ordinance by more than twenty (20) percent;

(2)

Any lot requirements that are proposed to be reduced by more than twenty (20) percent are permitted only through approval of a variance by the Board of Zoning Appeals in accordance with Section 1120 (Variances) of this Ordinance;

(3)

Location requirements of accessory buildings and uses are met as provided in Section 700 (Accessory Uses and Structures) of this Ordinance;

(4)

Parking space requirements for all districts are met as provided in Section 510 et seq. of this Ordinance (Off-street Automobile Parking);

(6)

Such lot does not have continuous frontage with other lots in the same ownership; and

(7)

In R-12 (Residential - Single Family, Low Density) and R-7.5S (Residential - Single Family Medium Density) Districts, buildings shall be limited to single-family detached dwellings.

(b)[(c)]

Non-conforming lots of record in combination. If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this Ordinance or amendment thereto, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purpose of these regulations and no structure shall be erected, nor shall any portion of said parcels shall be used or sold in any manner until the owner combines said lots to comply with the dimensional requirements of this Ordinance. Further, no division of any parcel shall be made which creates a lot with a width or area less than specified by the requirements stated in this Ordinance.

500.3 Non-conforming uses of land.

(a)

Where, at the time of adoption of this Ordinance or amendments thereto, lawful uses of land exist that would not be permitted by the requirements imposed by these regulations, the use may be continued so long as the use remains otherwise lawful, provided that:

(1)

No such non-conforming use shall be changed to another non-conforming use;

(2)

No such non-conforming use shall be expanded, enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;

(3)

No such non-conforming use shall be moved in whole or part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Ordinance;

(4)

If any such non-conforming use of land is discontinued, including buildings that are rented but not occupied, for a period of more than twenty-four (24) months, any subsequent use of such land shall conform to the requirements specified by this Ordinance, or amendments thereto, for the district in which such land is located; and

(5)

No additional structures not conforming to the requirements of this Ordinance, or amendments thereto, shall be erected in connection with such non-conforming use of land.

500.4 Non-conforming structures.

(a)

Continued Use of Non-conforming Structures. When a structure exists at the effective date of adoption or amendment of this Ordinance which could not be built or used under the terms of this Ordinance due to restrictions on area, lot coverage, height, yards, bulk or other requirements concerning the structure, any use of the structure during the period two years prior to the adoption of this ordinance shall be permitted to be continued or re-occupied as a non-conforming use provided that:

(1)

No such non-conforming structure may be enlarged or altered in a manner that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity, provided that any such alteration must comply with the requirements of this Ordinance and must not in itself be non-conforming;

(2)

Should such structure be voluntarily moved for any reason for any distance whatever, it shall thereafter conform to the requirements for the district in which it is located after it is moved.

(3)

Non-conforming buildings or uses of land that are rented but not occupied for a period greater than twenty-four (24) months shall be deemed to be a discontinued non-conforming use.

(b)

Restoration of Damaged Building. Should such non-conforming structure be hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the value of the structure immediately prior to the damage or destruction as determined by a certified real estate appraiser, said structure shall not be reconstructed or restored to the same or other non-conforming use. Any restoration permitted by this section must commence within six (6) months after the damage is incurred.

(c)

Repairs and Maintenance. On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs including remodeling, or repair or replacement of non-loadbearing walls, fixtures, wiring, or plumbing, provided that the total square footage existing when it became non-conforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Within the City of Cordele, off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this Ordinance. No structure shall be hereafter erected nor any of the following uses established unless the minimum number of parking spaces as specified below are provided.

510.1 Purpose. The purposes of the off-street parking regulations are as follows:

(a)

To reduce traffic congestion and shortages of on street parking spaces;

(b)

To ensure adequate off-street parking and loading facilities in proportion to the needs of each land use; and

(c)

To ensure that off-street parking and loading facilities are designed to ensure efficiency and safety, and to insulate surrounding land uses from adverse effects commonly caused by parking areas.

510.2 General requirements.

(a)

Definition - "Off-street Parking Space". The term "off-street parking space" shall mean a space at least nine (9) feet wide and eighteen (18) feet long with a minimum net area of one hundred and eighty (162)[(180)] square feet, excluding area for egress and ingress and maneuvering of vehicles, or three hundred (300) square feet including ingress and egress and maneuvering of vehicles. Each parking space shall have access for vehicles to a public street.

(b)

Provision of Off-Street Parking Space on Different Lot. If an off-street parking space cannot be reasonably provided on the same lot on which the principal use is conducted, the Chief Codes Official may permit such space to be provided on other off-street property, provided that such space lies within five hundred (500) feet of the property line of such principal use; and further provided that such space is under the exclusive control of the person responsible for the principal use. For the purposes of this subsection, "exclusive control" means ownership of such remote space or a lease of such space for no less than ten (10) years. Such vehicle parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

(c)

Common Off-street Parking Areas. The required number of parking spaces for any number of separate uses may be combined in one (1) lot, provided that the total number of individual spaces available in such common area is not less than the sum of the spaces required for the individual uses as separately computed in accordance with this section, except that one-half (½) of the number of the parking spaces required for a religious use whose peak attendance will be at night or on a particular day of the week may be assigned to a use which will be closed during the said peak attendance times of the religious use; and provided further, that such space is under the exclusive control of the persons responsible for the principal uses served by the parking area until such time as parking space is provided elsewhere. For the purposes of this subsection, "exclusive control" means ownership of such common parking area or a lease of such area for no less than ten (10) years.

(d)

No Reduction of Off-Street Parking Areas. Areas reserved for off-street parking in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the Chief Codes Official.

(e)

Pre-existing Parking. Off-street parking existing on the effective date of this Ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

(f)

Alteration of Existing Commercial Buildings. Any commercial building existing on the effective date of this Ordinance may be altered, reconstructed, remodeled, enlarged, or added to without increasing the existing off-street parking spaces, provided such reconstruction, remodeling, or enlargement does not exceed more than ten (10) percent of the original gross commercial floor area. Additional off-street parking must be provided for only that portion of the additional gross commercial floor area in excess of ten (10) percent in accordance with the provisions set forth in this Ordinance.

(g)

Change of Use of Existing Commercial Building. In the case of an existing structure changing use, off-street parking requirements applicable to the new use must be provided, unless a variance is obtained in accordance with Article XI, Section 1120 of this Ordinance, (Variances).

(h)

Extension of Parking Spaces for Use in a Commercial or Industrial District into Residential or Mixed Use Districts shall be prohibited.

(i)

No Obstruction of Emergency Vehicles. The arrangement of parking shall not obstruct Emergency Vehicles from access to the site or its buildings.

(j)

Handicap Parking Access. Parking for the handicapped within a nonresidential district shall be provided at a size, number, and location according to the requirements of the Americans with Disabilities Act accessibility guidelines (ADAAG), published by the U.S. Architectural and Transportation Barrier Compliance Board (ATBCB), as amended, or the Georgia Handicap Accessibility Code, whichever is more restrictive.

510.3 Parking space requirements for all districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street of alley, and shall be equal to at least the minimum requirements for the specific land use set forth below.

510.4 Site requirements. All off-street parking, except for single-family and two-family structures, shall be laid out, constructed, and maintained in accordance with the following requirements:

(a)

Surfacing of parking areas. All such parking areas, except for landscaped areas, shall be paved with concrete, or plant bituminous, or other semi-permeable material approved by the Chief Codes Official that permits adequate storm drainage. Parking areas shall be maintained in a dust-proof condition. A good stand of grass shall be maintained on the unsurfaced portion of the lot in addition to required landscaping.

(b)

Lighting. Lighting facilities shall be so arranged that light is reflected away from adjacent properties and streets and shall be directed downward whenever feasible.

(c)

Drainage. The parking area shall be adequately drained.

(d)

Parking areas within or abutting residential or office districts. Parking lots, whether public or private, for more than five (5) vehicles that are within or have lot lines that about the OI (Office/Professional) District or the following residential districts R-12, R-7.5S, R-7.5, or a Planned Development District (PD) District, shall be adequately screened in accordance with Section 550.2 below (Required Screening).

(e)

Raised curb . A raised curb of at least six (6) inched shall be erected along all of the property lines, except for driveway openings and those lot lines abutting residential districts, where the requirements in Section 510.2(h) apply.

(f)

No signs in rights-of-way. No sign, whether permanent or temporary shall be placed within the public right-of-way. Signs and planting strips shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

(g)

Landscaping. For parking areas with twenty-five (25) or more parking spaces, at least six (6) percent of the parking area, excluding any required buffers and screening, shall be permanently landscaped. A landscape plan shall be submitted to the Chief Codes Official and approved prior to the issuance of a land use permit. Landscaping shall be complete prior to the issuance of a certificate of occupancy.

(1)

Landscaping may consist of trees, shrubs, flowers, or other ornamental plants, provided that all landscaped areas are regularly maintained by the lot owner and that any dead or dying trees or plants are replaced within one (1) month of death or noticeable decay. Where healthy trees or other native plant material exists on a site prior to its development, such materials shall be incorporated into the landscaping plan, and such existing trees of trunk caliper of four (4) inches or more shall be preserved where feasible. Said landscaping plan shall provide for an overall minimum average of one (1) tree or shrub occupying a planting space of sixty-four (64) square feet for each ten (10) parking spaces on the interior of the parking lot and for each five (5) parking spaces on the perimeter of the parking lot.

(h)

Marking of parking spaces. Required parking spaces shall be permanently marked except in single and two-family residences.

(i)

Parking lot design. Off-street parking lots, whether public or private, for more than five (5) vehicles shall submit to the Chief Codes Official a plan for the layout of the parking lot showing entrances, exits, and storm water drainage. The parking lot layout plan must be approved by the Chief Codes Official prior to the issuance of a land use permit. Unless found to be infeasible by the Chief Codes Official, curb cuts for entrances and exits to parking lots shall not exceed twenty-four (24) feet in width, nor shall entrances and exits from parking lots be closer than one hundred (100) feet apart when measured from centerline to centerline. Entrances, exits, and drainage systems shall be completed prior to issuance of a certificate of occupancy.

(Ord. No. 0-04-25, § 3, 9-7-04)

On every lot on which a business, trade, or industry is hereafter established, off-street loading and unloading spaces shall be provided for the loading and unloading of vehicles servicing such business, trade or industrial use. Such loading and unloading spaces shall be provided off the public street or alley as follows:

(a)

Size of Off-Street Loading Spaces. Each off-street loading space shall have minimum dimensions of fourteen (14) feet in clearance height, 12 (twelve) feet in width, and forty (40) feet in length.

(b)

Connection to Street or Alley. Each required off-street loading space shall have direct access to an alley, or if there is no alley, to a public street, or have a driveway that offers satisfactory ingress and egress for trucks.

(c)

Loading and Unloading Space Requirements. The number of required spaces are as follows:

(1)

Retail Business Uses: One (1) space for each five thousand (5,000) square feet of gross floor area, or fraction thereof.

(2)

Wholesale, Industrial, Governmental, or Institutional Uses, or Public Assembly Places: One space for the first twenty-five thousand (25,000) square feet of gross floor area. For uses in excess of 25,000 square feet, such uses shall provide loading spaces according to the following schedule:

(d)

Location of off-street loading spaces. All required off-street loading spaces shall be located on the same lot as the building that they are intended to serve, or on an adjacent lot where the use is shared with the occupying said adjacent lot. Loading spaces shall be located in a manner that will no hinder the free movement of pedestrians and/or vehicles over a sidewalk, street, or alley.

(e)

Permanent reservation. Areas reserved for off-street loading in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the permitted use that is served is discontinued or modified, except where equivalent loading space is provided and approved ty the Chief Codes Official.

(f)

Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one time.

(g)

No obstruction of emergency vehicles. The arrangement of loading and unloading spaces shall not obstruct Emergency Vehicles from access to the site or its buildings.

530.1 Curb cuts. No curb cut shall exceed fifty (50) feet in length, nor shall curb cuts be closer than twenty (20) feet to other curb cuts or closer than twenty (20) feet to an intersection of two (2) streets measured along the curb line.

530.2 Vision clearance. In all districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of two and one-half (2 ½) feet and ten (10) feet above the finished grade of streets shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, or of the intersection of the right-of-way of a street and railroad.

Recreational vehicles (RV), motor homes, commercial vehicles, and trailers of all types, including travel, boat, camping, and hauling trailers, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

540.1 Commercial vehicles. The storage and parking of commercial vehicles on lots occupied by a dwelling is governed by the following:

(a)

Residential districts.

(1)

No commercial vehicle as licensed by the State of Georgia with gross vehicle weight (GVW) exceeding 11,000 lbs. shall be parked or stored in the residential districts.

(2)

One commercial vehicle per dwelling unit is permitted in the above districts where the commercial vehicle does not exceed 11,000 lbs. in gross vehicle weight.

(3)

In no event shall a commercial vehicle used for hauling explosives, gasoline, or liquified petroleum products be permitted to be parked or stored.

(4)

No commercial vehicle, licensed by the State shall be allowed to park overnight on the street in a residential district.

(b)

Non residential districts. In non-residential districts, no more than one commercial vehicle per dwelling unit shall be permitted to be parked or stored; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquified petroleum products be permitted to be parked or stored.

540.2 Recreational vehicles, boats, and trailers.

(a)

Storage and parking: Parking and storage of recreational vehicles (RV), trailers, boats and motor homes is prohibited in the front yard area in all Residential and Mixed Use Districts. In all other districts, storage and parking of these vehicles are permitted provided they are not parked or stored between the front building line and the front lot line (front set back). Recreational Vehicles and motor homes shall not be allowed to park overnight on a street in a Residential or Mixed Use District.

(b)

Occupancy of stored vehicles: A recreational vehicle or motor home shall not be occupied while it is parked or stored in any area except in a Recreational Vehicle Park authorized under this Ordinance. A temporary exception to this rule may be granted by the Chief Codes Official for a period not to exceed twenty-eight (28) days in any twelve (12) month period.

540.3 Inoperative vehicles and vehicle repair. No inoperable vehicle shall be permitted in any residential district for more than fourteen (14) days unless it is in an enclosed garage. All repairs shall be in an enclosed garage in residential districts. Repair of vehicles other than those owned by the resident is prohibited in all residential districts.

(Ord. No. 0-04-25, § 4, 9-7-04)

550.1 Commercial and industrial districts.

(a)

Abutting residential districts. Where a commercial (other than the CBD), Office/Institutional, or industrial district abuts a residential district, a ten (10) foot-side buffer strip shall be provided along the commercial or industrial property line that abuts or is adjacent to the residential district. Said screening shall comply with the requirements of section 550.3 (Required Buffer Strips) below. This subsection shall not apply where abutting districts are separated by a public street or an alley.

(b)

Commercial and industrial operations. In any commercial or industrial district, any operation not conducted within a building, such as drive-in businesses, outdoor recreation, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than six (6) feet in height to conceal such areas or facilities from a residential district adjoining or facing across a street in the rear or on the side of the principal building or use. Where an evergreen hedge is used for the enclosure, the hedge shall be planted in the setback area and shall consist of evergreen trees and/or shrubs that will obtain a height of eight (8) feet within five (5) years under average growing conditions.

550.2 Required screening. In any district where reference is made requiring adequate screening of a specified operation or land use, such screening shall be a wall or fence of solid appearance or tight evergreen hedge not less than 6 feet in height. Where an evergreen hedge is used for the enclosure, the hedge shall be planted in the setback area unless otherwise required by this Ordinance. Planting materials for screening shall consist of evergreen trees and/or shrubs that will obtain a height of eight (8) feet within five (5) years under average growing conditions.

550.3 Required buffer strips. In any district where reference is made requiring a buffer strip, such strip shall consist of a landscaped open space area. The buffer area should be at least ten (10) feet wide and should adequately interrupt vision and impede the transmission of sound. Plant materials shall consist of at least one (1) evergreen tree or shrub eight (8) feet in height or one (1) tree with a minimum trunk caliper of two (2) inches for each twenty-five (25) lineal feet of buffer. Where healthy trees or other native plant material exists on a site prior to its development, such materials shall be incorporated into the landscaping plan, and such existing trees of trunk caliper of four (4) inches or more shall be preserved where feasible. A landscaping plan identifying all plants to be incorporated into the buffer area must be approved by the Chief Codes Official prior to any site construction.

550.4 Outdoor lighting. Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, shall be pointed downward where feasible, and shall be so situated as not to reflect directly into any public right-of-way or into oncoming traffic.

550.5 Commercial or industrial districts abutting residential districts. Where a commercial or industrial district abuts or is adjacent to a residential district, a buffer strip shall be established on the commercial or industrial property along the abutting or adjacent property line in compliance with section 550.3 (Required buffer strip) above.