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Coweta City Zoning Code

CHAPTER 12

5 GENERAL ZONING REGULATIONS

12-5-1 Division Of Lots

A lot shall not hereafter be divided into two or more lots unless all lots resulting from such division conform to all the applicable regulations of the zoning district in which located.

(Ord. No. 716, 4-4-2011)

12-5-2 Street Frontage For Residential Lots

No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of 30 feet of frontage on a public street or dedicated right-of-way, except a substandard lot of record or lot within an approved planned unit development.

(Ord. No. 716, 4-4-2011)

12-5-3 One Single-Family Dwelling Per Lot

Not more than one single-family dwelling may be constructed on a lot, except in the case of a lot which is within an approved planned unit development.

(Ord. No. 716, 4-4-2011)

12-5-4 Home Occupations

Occupations, professions, or trades customarily carried on by occupants of dwelling units as secondary uses which are clearly incidental to the use of dwelling units for residential purposes are allowed as accessory uses in districts where dwelling units are permitted or permissible, subject to the following provisions:

  1. Location. Home occupations shall be conducted only within the principal structures.
  2. Area. An area equal to not more than 25 percent of the floor area of the principal structure may be utilized for home occupational purposes.
  3. Employees. Only residents of the premises may be employed.
  4. Merchandise.
    1. The home occupation shall not involve the retail sale of merchandise manufactured off the premises.
    2. No merchandise shall be displayed in such a manner as to be visible from off the premises.
  5. Outdoor storage. No outdoor storage shall be allowed in connection with any home occupation.
  6. Residential character maintained. No alteration of the residential character of the premises may be made.
  7. Advertising signs restricted. No signs visible from outside the lot relating to home occupations shall be allowed.
  8. Parking. Off-street parking shall be provided in accordance with requirements of CCC 12-12.
  9. Mechanical equipment disturbances. No mechanical equipment shall be used which creates a noise, dust, odor or electrical disturbance.

(Ord. No. 716, 4-4-2011)

12-5-5 Neighborhood Group Homes

The following apply to neighborhood group homes:

  1. State license required. Must be licensed by the State Health Department, and meet contracting standards of the State Department of Human Services, for group homes for mentally ill or intellectually disabled persons.
  2. Zoning clearance permit required. No building may be occupied after the effective date of the ordinance from which this section is derived until a zoning clearance permit is obtained. This permit will be revoked automatically upon revocation of the state license.
  3. Advertising signs prohibited. No signs advertising the neighborhood group home shall be permitted on the lot.
  4. Residential character maintained. No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structure. Fire escapes, if required, must be located on the rear of the structure if architecturally feasible or on the side of the structure and screened.
  5. Location to avoid clustering. To avoid clustering, a neighborhood group home shall not be located on a lot within one-half mile (2,640 feet) of any other lot containing a neighborhood group home, a community group home, a residential treatment center, a transitional living center, an emergency or protective shelter, or a detention/correctional facility.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

12-5-6 Family Daycare Homes

The following apply to family daycare homes:

  1. State license required. Must be licensed by the State Department of Human Services.
  2. Zoning clearance permit required. Must obtain a zoning clearance permit from the Building Inspector if established after the effective date of the ordinance from which this section is derived.
  3. Number of children. A maximum of five children, including those pre-school children under five years of age who reside in the residence, may be cared for in the home.
  4. Employees. No person shall be employed other than a member of the immediate family residing on the premises or a substitute caregiver as required by the standards for family daycare homes adopted by the State Department of Human Services.
  5. Advertising signs prohibited. No signs advertising the family daycare home shall be permitted on the lot.
  6. Residential character maintained. No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures.

(Ord. No. 716, 4-4-2011)

12-5-7 Community Group Homes

The following apply to community group homes:

  1. State license required. Must be licensed by the State Health Department, and meet contracting standards of the State Department of Human Services, for group homes for mentally ill or intellectually disabled persons.
  2. Zoning clearance permit required. No building may be occupied after the effective date hereof until a zoning clearance permit is obtained. This permit will be revoked automatically upon revocation of the state license.
  3. Advertising signs prohibited. No signs advertising the community group home shall be permitted on the lot.
  4. Residential character maintained. No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structure. Fire escapes, if required, must be located on the rear of the structure if architecturally feasible or on the side of the structure and screened.
  5. Location to avoid clustering. To avoid clustering, a community group home shall not be located on a lot within one mile (5,280 feet) of any other lot containing a neighborhood group home, a community group home, a residential treatment center, a transitional living center, an emergency or protective shelter, or a detention/correctional facility.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

12-5-8 Height Exceptions

The following structures shall not be subject to the height limitations of the district in which they are located:

  1. Farm buildings and structures.
  2. Belfries, chimneys, cupolas, domes, elevators, penthouses, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy.
  3. Ground- and structure-supported antennas and aerials, including elevating structures (poles and towers), which do not exceed a total aggregate height of 65 above the natural land grade and which meet the following requirements:
    1. No portion of the antenna, aerial, elevating structure or any anchor or guy line may encroach upon the land area or airspace of any adjoining or abutting property;
    2. In RS districts, no portion of an amateur radio antenna, aerial, elevating structure, or any anchor or guy line may extend beyond the front yard building setback line or extend into any established front yard or into any established side yard;
    3. In I Districts, towers must be set back a distance equal to at least 110 percent of the height of the tower from any adjoining lot line of any AG, RS, or O district, excluding expressway rights-of-way zoned residential. Provided, that:
      1. Height and location restrictions shall not be applicable to radio communication facilities owned, operated and maintained by any City, county, state, or federal government entity;
      2. Non-guyed, omni-directional, single element, vertical antennas not exceeding 112 inches in height and not exceeding 1 3/4 inches outside diameter shall be permitted in addition to the 65-foot aggregate height limitation;
      3. The restrictions established by this subsection C3 may be modified by Board of Adjustment special exception approval, subject to the minimum requirements for special exception approvals and such additional safeguards and conditions as may be imposed by the Board of Adjustment.

(Ord. No. 716, 4-4-2011)

12-5-9 Lot Area And Width Exceptions

The lot area and width requirements of the zoning districts shall not apply to public protection and utility facilities, other than fire protection and ambulance services.

(Ord. No. 716, 4-4-2011)

12-5-10 Yards

  1. Compliance with requirements. Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building, for the purpose of complying with the provisions of this title, shall not be considered the yard for any other building, and yards provided for a lot shall not be considered the yard of any other lot.
  2. Permitted obstructions. Obstructions are permitted in required yards as follows:
    1. Cornices, canopies, eaves, fireplaces, and similar architectural features may project not more than two feet into a required yard.
    2. Fire escapes may project not more than 4 1/2 feet into a required yard.
    3. Fences, hedges, plant materials and walls may be located in any yard, provided that corner traffic visibility is maintained in accordance with this Code. Fences and walls within yards shall not exceed a height of eight feet. Any fence or wall which projects into or encloses a required front yard shall not exceed a height of four feet. The Board of Adjustment, as a special exception, may modify these limitations.

      Editor's note—See CCC 9-1-2.
    4. Signs which are permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street.
    5. Detached accessory buildings may be located in the rear yards of RS districts and shall be regulated as follows:
      1. On RS lots containing less than one-half acre of lot area, detached accessory buildings may be located in a rear yard, provided that the accessory buildings, in aggregate, do not exceed 768 square feet of floor area or cover more than 20 percent of the rear yard, whichever is smaller.
      2. On RS lots containing one-half acre of lot area or greater, detached accessory buildings may be located in the rear yard, provided that the accessory buildings, in aggregate, do not exceed the following:
        1. RS lots containing a minimum of one-half acre but less than one acre of lot area: An aggregate maximum floor area of 1,000 square feet; or
        2. RS lots containing one acre or more of lot area: An aggregate maximum floor area of 1,500 square feet.
      3. Accessory buildings over 750 square feet in size located upon a property site, or an adjacent property if under same ownership, shall be designed to relate in materials, color, character and detail to the principal building located upon the site and/or adjacent lots.
      4. In no case shall the aggregate area of accessory buildings on a lot be permitted to exceed the floor area of the principal residential structure located upon the lot.
      5. All accessory buildings not meeting the minimum requirements in subsections B5a and b of this section shall require Board of Adjustment action in the form of a special exception. The following factors, at a minimum, shall be considered by the Board of Adjustment in granting special exception approval of detached accessory buildings as referenced above: The accessory building height; building construction materials; building color scheme; building location and setbacks; proposed or existing landscaping and/or screening fence, roof types, surface texture, style, details and building form.
    6. Swimming pools, tennis courts, and fallout shelters.
    7. Mobile home hitches where mobile homes are permitted.
    8. Customary accessory structures, such as clotheslines, barbecue pits, and playground equipment.
    9. Carports 12 feet or higher shall require Board of Adjustment special exception approval prior to construction. All other carport requests require building permit review and approval. All carports are to match in color and character to the primary structure on the lot. The setbacks for carports shall comply with the corresponding zoning district setback and bulk and area requirements. Carports shall be constructed on a hard surface area of an all-weather material, asphalt or concrete parking.
  3. Use of yards.
    1. No inoperative motor vehicles shall be parked or stored within the front or exterior side yard in an R district. No vehicle and/or recreational vehicles including RVs, boats, boat trailers, and other recreational trailers shall be parked except on a hard surface area constructed of an all-weather material. Gravel may be used in R districts for recreational vehicles. The gravel parking space must be maintained in good condition and remain dust-free in compliance with subsection C2 of this section.
    2. When an existing home (as of the effective date of the ordinance from which this section is derived) has no garage or a one-car garage, one gravel parking space may be located on the property. Access to such designated parking space shall be by way of the property's paved driveway. The gravel parking space must be maintained in good condition and remain dust-free as determined by City Code Enforcement Officer, or the property owner shall return such area to a landscaped area/grass, or an all-weather hard surface. Designed parking spaces will be subject to the following conditions:
      1. Permit must be applied for and approved before the work is done.
      2. The majority of the front yard must be landscaped/grass.
      3. Gravel parking space must be installed in a way to prevent gravel runoff to the street i.e., border space with large rocks, bricks, etc.
    3. Portable storage containers are permitted in residential zoning districts on a temporary basis (maximum ten days) and only permitted once a year per property. If a storage container is proposed to be placed on the property permanently (more than ten days), it must conform to the detached accessory building requirements of this title per subsection B5 of this section. Storage containers, accessory buildings and other accessory structures greater than 200 square feet proposed to be permanently located on a property within the City must be affixed to the land with footings, anchors or other tie down approved by the City and must meet the setback requirements as stated in this title. No container, accessory building or structure is permitted to be higher than the primary structure. In all other districts, storage containers, accessory buildings and accessory structures should be similar in material, color, character and detail to the principal structure and screened from view from the public per CCC 12-5-12. All storage containers, whether permanent or temporary, greater than 120 square feet, require a permit through the City.

      Exemption. Construction containers associated with new construction or remodel in conjunction with a building permit. All containers to be maintained so litter may not accumulate on the property per CCC 5-4A-4D.

(Ord. No. 716, 4-4-2011)

12-5-11 Existing Building Encroachment On Front Yards Or Building Setbacks

  1. Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:
    1. If the proposed building is to be located more than 200 feet from an encroaching building, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.
    2. If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.
    3. If the proposed building is to be located within 200 feet of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard or setback of the two nearest front corners of the encroaching buildings.
    4. If the proposed building is to be located within 200 feet of an encroaching building on one side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required front yard or setback and the setback of the nearest front corner of the encroaching building.
  2. Provided, however, that in the application of subsection A3 or 4 of this section, the front yard or building setback shall not be reduced to less than five feet, plus one-half of the right-of-way width designated on the major street plan for the abutting street, or five feet, plus 25 feet if the street is not designated on the major street plan.

(Ord. No. 716, 4-4-2011)

12-5-12 Screening Wall Or Fence

  1. Specifications.
    1. For the purpose of maintaining a compatible relationship between certain land uses, a screening requirement is hereby established for the initiation and continuance of particular uses in such instances as may be hereinafter designated.
    2. When the provisions of this title require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence:
      1. Shall be constructed with customarily used fencing materials which are compatible with the surrounding area and shall be designed and arranged to provide visual separation of uses irrespective of vegetation.
      2. Shall not be less than six feet in height.
      3. Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance.
      4. Shall be erected prior to the occupancy of the building or initiation of the use required to be screened.
  2. Maintenance. The screening wall or fence shall be maintained by the owner of the lot containing the use required to construct the screening. Failure to maintain after notice by the Building Inspector shall constitute an offense hereunder.
  3. Modification of requirements. The Board of Adjustment, as a special exception, may:
    1. Modify or remove the screening requirement where existing physical features provide visual separation of uses;
    2. Modify the screening requirement where an alternative screening will provide visual separation of uses;
    3. Grant an extension of time to erect a screen where properties which are to be benefited by the screen are undeveloped; and
    4. Remove the screening requirement where the purposes of the screening requirement cannot be achieved or is prohibited by other ordinances and/or regulations.
  4. Location. Any use in a zoning district in column A is required to have an erected and maintained screening wall or fence along the lot line or lines abutting any district in column B if the use is not allowed as a permitted principal use in the districts in column B.

    Column AColumn B
    Any use in RM-1, RMHS, RMHP, O, CN, CG, CH, IL, IH and PUD
    RS-1, RS-2, RS-3 and RD
    Any use in O, CN, CG, CH, IL, IH and PUD
    RM-1, RMHS and RMHP

(Ord. No. 716, 4-4-2011)

12-5-13 Platting Requirement

For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows: For any land which has been rezoned upon application of a private party, no building permit or zoning clearance permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to and approved by the Planning Commission and City Council and filed of record in the office of the County Clerk where the property is situated, provided that the City Council, pursuant to their jurisdiction over subdivision plats, may remove the platting requirement upon a determination that the above-stated purposes have been achieved by previous platting or could not be achieved by a plat or replat.

(Ord. No. 716, 4-4-2011)

12-5-14 Major Street Plan

The City major street and highway plan, hereinafter referred to as the major street plan, as adopted by the City Council on August 19, 1991, or as it may hereinafter be amended by ordinance, is hereby adopted by reference and made a part hereof.

(Ord. No. 716, 4-4-2011)

Editor's note—See also CCC 9-1-1.

12-5-15 Structure Setback From Abutting Streets

The structure setback from abutting streets shall be as provided for each zoning district. However, every structure shall be set back from the centerline of an abutting street a horizontal distance of not less than one-half of the right-of-way designated on the major street plan.

(Ord. No. 716, 4-4-2011)

12-5-16 Floodplain Regulations

No zoning clearance permit shall be issued for any activity regulated under this title unless that activity complies with CCC 14-1.

(Ord. No. 716, 4-4-2011)

12-5-17 Specific Use Permit

Certain uses require approval of a specific use permit as set out in CCC 12-3D.

(Ord. No. 716, 4-4-2011)