No building, structure, land, or water shall hereafter be used or occupied, and no building or structure or part hereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with the regulations of this article or amendments thereto, including the use provisions for the zoning district in which it is located. Except as otherwise provided for in this article pursuant to interpretation of the zoning administrator, any use not specifically permitted in a zoning district shall be prohibited in that district.

(Ord. of 2-18-2003, § 601)

Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land.

(Ord. of 2-18-2003, § 602)

No building or structure shall be erected or use established unless upon a lot of record as defined by this article except as otherwise provided herein.

(Ord. of 2-18-2003, § 603)

Except as otherwise specifically provided in this article, only one principal building and its accessory buildings may hereafter be erected on any one lot intended for such use; provided, however, that more than one multiple dwelling, office, institutional, commercial or industrial building may be located upon a lot, subject to setbacks and separation as provided in this article. This provision specifically excludes the erection of any new building or conversion of any existing building to more than one single-family dwelling on any given lot in any zoning district other than the R-3 or CBD zoning district.

(Ord. of 2-18-2003, § 604)

(a)

Except as exempted in this section, no building or structure shall hereafter be erected, constructed, reconstructed, or altered, to exceed the maximum height of buildings and structures or the number of stories specified in this article; provided, however, the mayor and council may upon application and approval of a conditional use permit buildings and structures to exceed these height limitations, subject to procedures established in this article.

(b)

The height limitations established herein shall not apply to chimneys, smokestacks, church spires and steeples, domes, flagpoles, public monuments, observation towers, water towers, noncommercial radio and television towers, electricity transmission towers, utility poles and similar structures.

(Ord. of 2-18-2003, § 605)

No lot shall hereafter be developed with a number of housing units that exceeds the maximum gross residential density for the zoning district in which the lot is located as established by this chapter. No lot shall hereafter be developed that fails to meet the minimum lot size and minimum lot width for the zoning district in which the lot is located as established by this chapter, except as otherwise specifically provided in article XII of this chapter. No lot shall be reduced in size, and no principal building shall hereafter be constructed, so that the minimum lot size or minimum lot width of the zoning district in which such lot and building are located is not maintained, except as otherwise specifically provided in article XII of this chapter.

(Ord. of 2-18-2003, § 606; Ord. of 5-17-2005(01), § 2)

No dwelling shall hereafter be constructed or occupied that fails to meet the minimum floor area for a dwelling unit as established by the zoning district in which the property is located. No existing dwelling shall be reduced in size so that its floor area fails to meet the minimum floor area for a dwelling unit as established by the zoning district in which the property is located.

(Ord. of 2-18-2003, § 607)

(a)

Scope.

(1)

The provisions of this section shall apply to all dwelling units in existing residential structures, conversions of nonresidential structures to residential dwellings, and all existing premises that are used in any way for residential purposes. This article shall apply to all zoning categories within the city and shall supplement the minimum requirements and standards for all dwellings units within the city.

(2)

This section is not intended to replace or supersede the building code of the city, but rather to supplement its requirements to fulfill the purpose contained herein. In the event that there is a conflict between this chapter and the building code of the city, the prevailing standard shall be that which fosters greater protection against overcrowding, as it is the intent of this section to protect against the same.

(b)

Responsibility. The owner of a structure occupied as a dwelling unit for residential purposes shall provide and maintain the minimum areas and conditions in compliance with the requirements of this section.

(c)

Intent. This section shall be construed to secure its expressed intent, which is to ensure public health, safety, morality, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.

(d)

Definitions. For the purpose of this section, terms, phrases, and words shall be defined as otherwise provided in this section, and to the extent not defined in this chapter, then by the building code of the city. The foregoing notwithstanding, the following terms are specifically defined for the purpose of this section:

Bedroom means any room or space primarily used or intended to be primarily used for sleeping purposes.

Dining area means an area within a dwelling unit where meals are commonly eaten, including those areas otherwise identified as dining rooms, breakfast rooms and breakfast areas.

Living areameans an area within a dwelling unit used for common social and leisure activities of the occupants, including those areas otherwise identified as dens, living rooms, great rooms, family rooms and TV rooms.

(e)

Occupancy limitations.

(1)

Minimumgross floor area. Every dwelling unit shall contain a minimum gross floor area of not less than 500 square feet for the first occupant, and an additional 150 square feet for each additional occupant.

(2)

Minimum room widths. A habitable room, other than a kitchen, shall not be less than eight feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.

(3)

Minimum ceiling heights. Kitchens, bedrooms, living areas, dining areas, hallways, corridors, laundry areas, bathrooms and habitable basement areas shall have a clear ceiling height of not less than seven feet. Only that area of a room or area with a ceiling height greater than or equal to seven feet shall be used for calculating the minimum required areas provided for in this section.

(f)

Specificminimum area requirements within residential structures/dwelling units.

(1)

Bedroom requirements. Every bedroom shall comply with the following requirements:

a.

Area for sleeping purposes. Every bedroom occupied by one person shall contain 80 square feet of floor area and any bedroom occupied by more than one person shall contain at least 60 square feet of floor area for each occupant thereof. No bedroom shall be occupied by more than four persons. No bedroom may be used in shifts during a 24-hour period by different individuals.

b.

Bathroom group accessibility. Every bedroom shall have access to at least one bathroom group without passing through another bedroom. Every bedroom shall have access to at least one bathroom group located on the same story as the bedroom, or on an adjacent story.

c.

Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.

(2)

Living area requirements. Every living area shall comply with the following requirements:

a.

If there are no more than two occupants living on the premises, there is no minimum requirement for the size of the living area, but a living area must exist within the dwelling unit.

b.

If there are between three and five occupants, the living area must contain, at a minimum, 120 square feet of space.

c.

If there are between six and ten occupants, the living area must contain, at a minimum, 180 square feet of space.

d.

If there are more than ten occupants, the living area must contain, at a minimum, 220 square feet of space plus 20 square feet for each additional occupant beyond ten.

(3)

Dining area requirements. Every dining area shall comply with the following requirements:

a.

If there are no more than two occupants living on the premises, there is no minimum requirement for the size of the dining area, but a dining area must exist within the dwelling unit.

b.

If there are between three and five occupants, the dining area must contain, at a minimum, 80 square feet of space.

c.

If there are between six and ten occupants, the dining area must contain, at a minimum, 120 square feet of space.

d.

If there are more than ten occupants, the dining area must contain, at a minimum, 180 square feet of space plus 20 square feet for each additional occupant beyond ten.

(4)

Kitchen requirements. Every kitchen shall comply with the following requirements:

a.

If there are no more than two occupants living on the premises, the kitchen must contain a minimum of 60 square feet of living space.

b.

If there are between three and five occupants, the kitchen must contain, at a minimum, 80 square feet of space.

c.

If there are between six and ten occupants, the kitchen must contain, at a minimum, 120 square feet of space.

d.

If there are more than ten occupants, the kitchen must contain, at a minimum, 180 square feet of space plus 20 square feet for each additional occupant beyond ten.

(g)

Minimumtotal area requirements. The foregoing notwithstanding, no dwelling unit occupied for residential purposes shall contain less than the total amount of area as required in section 113-182 of the city, for the particular zoning district in which it falls.

(h)

Penalties. In addition to any other penalty, upon the second and any subsequent conviction of a violation of this section:

(1)

The certificate of occupancy for the dwelling unit resulting in the violation shall be revoked, the property posted, and no human occupancy of the dwelling unit shall be permitted until a new certificate of occupancy has been issued; and

(2)

Following the expiration of the term of imprisonment and/or probation, a new inspection of the dwelling unit resulting in the citation may be made upon the request of the owner of such dwelling unit. No new certificate of occupancy shall be issued unless and until it is determined by the building inspector, the zoning administrator, or their designee that the dwelling unit meets the minimum requirements for occupancy as defined by this article, this chapter and the building code of the city.

(i)

Enforcement. Enforcement of this section shall be performed in accordance with this chapter.

(Ord. of 5-16-2006, §§ 2(607.1), 3)

(a)

No building shall hereafter be erected in a manner to have narrower or smaller rear yards, front yards, or side yards than specified for the zoning district in which the property is located, or for the specific use if yards and setback regulations pertain to a specific use in this chapter, except as may be specifically provided for in article XII of this chapter.

(b)

No lot shall be reduced in size, and no principal building shall hereafter be constructed, so that the front, side, or rear yards of the zoning district in which said lot and building are located are not maintained, except as may be specifically provided for in article XII of this chapter and when a portion of a lot is acquired for a public purpose. No part of a yard shall be included as a part of the yard required for another building.

(c)

No principal building shall be located closer than any minimum specified distance between it and another principal building, nor closer to the right-of-way of Georgia Highway 400, than specified by this zoning chapter. The application of buffer requirements, including zoning buffers and stream buffers, as defined in this chapter and established by this chapter, supersede any minimum yards required by zoning district regulations.

(Ord. of 2-18-2003, § 608; Ord. of 5-17-2005(01), § 3)

(a)

No lot shall hereafter be developed to exceed the maximum lot coverage specified for the zoning district in which it is located, except as may be specifically provided for in article XII of this chapter.

(b)

No lot shall be developed with less than the minimum landscaped open space specified for the zoning district in which such lot is located.

(Ord. of 2-18-2003, § 609; Ord. of 5-17-2005(01), § 4)

No building or structure shall hereafter be erected on a lot, and no lot shall hereafter be created or subdivided, that does not abut for at least 30 feet on a public street, or an approved private street.

(Ord. of 2-18-2003, § 610)

(a)

No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between two and 12 feet above any roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines, or such lines extended, and a line connecting such right-of-way lines at points 25 feet from the intersection of the right-of-way lines. In such cases as right-of-way lines do not exist or cannot be determined, said measurements shall be made from points 15 feet from the centerline of the existing road or ten feet from the existing pavement or roadbed, whichever is greater.

(b)

Notwithstanding the restrictions in subsection (a) of this section, the zoning administrator is hereby authorized to approve fences, walls, etc., within the triangular area described in subsection (a) of this section where, in his opinion, such fence, wall, etc. will not cause sight visibility problems for pedestrians and/or motorists, and where the application of the provisions of this section would pose an unnecessary or unreasonable hardship.

(Ord. of 2-18-2003, § 611)

Notwithstanding the repeal of the city's prior zoning ordinance, if a property was zoned subject to conditions and/or master plan approval, including previous planned unit development provisions prior to the adoption of this chapter or its amendment, the existing conditions of zoning and any shall continue to apply to said property, until or unless amended by the mayor and council.

(Ord. of 2-18-2003, § 612; Ord. of 5-17-2005(01), § 5)