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Cumming City Zoning Code

165.17 RE-1

SINGLE-FAMILY RURAL ESTATES DISTRICT REGULATIONS.

   The regulations set forth in this section or elsewhere in this chapter, which are applicable, shall apply in all RE-1 Single-Family Rural Estates Zoning Districts. The RE-1 Zoning District is intended and designed to preserve existing single-family residential neighborhoods and to promote new single-family residential neighborhoods with large estate lots that are rural in character. This district is also intended for areas where public sanitary sewer service is not planned.
   1.   Principal Permitted Uses. Only the use of structures or land listed in this subsection shall be permitted in the RE-1 Zoning Districts.
      A.   A single-family dwelling on each lot. No temporary buildings, trailers, mobile homes, tents, portable or potentially portable structures shall be used for dwelling purposes.
      B.   Publicly owned parks, playgrounds, golf courses, swimming pools and recreation areas. (Site Plan shall be reviewed by the Planning and Zoning Commission and approved by the City Council.)
      C.   Agricultural crops, truck farming, tree farms, and orchards, provided that no offensive odors are created, and provided further that no retail sales are permitted on the premises.
      D.   Churches, chapels, temples, synagogues and similar places of worship and associated residence of clergy or ordained official of the religious organization. (Site Plan shall be reviewed by the Commission and approved by the Council.)
      E.   Public and parochial elementary, junior high and middle schools. (Site Plan shall be reviewed by the Commission and approved by the Council.)
      F.   Golf, swimming, and tennis clubs or country clubs, and similar public and non- commercial privately owned uses. (Site Plan shall be reviewed by the Commission and approved by the City Council.)
      G.   Group quarters with more than four persons who are not related by blood, marriage, or adoption and do not constitute a family as defined by this chapter are not permitted unless such use is permitted by over-riding State law, and if such use has adequate parking and meets all other site development requirements of this chapter. (Site Plan shall be reviewed by the Commission and approved by the Council.)
   2.   Permitted Accessory Uses. The following uses may exist as part of or in accessory to the permitted use:
      A.   Normal accessory buildings and structures for a dwelling, religious place of worship and school, similar to and including one private garage or carport, swimming pools, one storage building, children's playhouse, radio and television receiving antennas, barbecue pits, playground equipment, and tennis courts.
      B.   Normal accessory buildings and structures for recreation areas such as refreshment stands, playground equipment, all-weather shelters, tennis courts, and barbecue pits.
      C.   Normal accessory buildings and structures to a residential use associated with the keeping of domestic animals similar to and including cats, dogs, birds, and tropical fish.
      D.   Private flower and vegetable gardening.
      E.   Private greenhouses and horticultural nurseries not exceeding 300 square feet of floor area.
      F.   Day care home as an accessory use in a dwelling unit where care, protection and supervision are provided, for a fee, at least twice a week to less than seven children at one time.
      G.   The taking of boarders or the leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two per dwelling unit.
      H.   Home occupations as defined by this chapter.
      I.   Private stable, provided such building is located not less than 50 feet from the principal building of the lot under ownership, and such building is not located less than 100 feet from an existing dwelling not located on the lot under ownership, or 50 feet from the lot boundary, whichever is greater.
      J.   One horse for each one acre of land in excess of the minimum required lot area. No horse shall be permitted for the minimum lot area.
      K.   Private kennels, provided such building and fenced ground area are located not less than 200 feet from all property lines.
      L.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.
      M.   Temporary use of a structure within a new subdivision as a job office and real estate office for the subject subdivision, which use shall terminate upon completion or abandonment of the project.
   3.   Special Exception Uses and Structures. Special exception uses and structures are permitted in the RE-1 Single-Family Rural Estates District in accordance with subsections 165.42(2) and (3), after notice and public hearing.
   4.   Maximum Height Regulations. No building shall exceed 35 feet in height, and no accessory structure shall exceed 15 feet in height, unless a greater height is permitted for a special exception.
   5.   Bulk Regulations. The following minimum requirements shall be observed for permitted uses in the RE-1 Single-Family Rural Estates District:
 
Use
Intended Density
Lot Area
Lot Width
Front Yard Setback
Side Yard Setback, Least Width on Any One Side
Sum of Both Side Yard Setbacks
Rear Yard Setback
Single- Family Dwellings
1.0 unit/acre
43,560 square feet
125 feet
35 feet
20 feet
40 feet
50 feet
Other Uses
*
80,000 square feet
200 feet
75 feet
50 feet
100 feet
50 feet
 
   6.   Bulk Regulations for Accessory Structures. The cumulative total gross floor area of all permitted detached accessory structures shall not exceed 10 percent of the lot area or occupy more than 30 percent of the rear yard. Accessory structures greater than 1,500 square feet shall be subject to the approval of a special exception use and structure permit by the Board. In no instance shall the accessory structure exceed the principal structure in height or gross building floor area.
   7.   Wastewater Treatment Requirements. A lot served by a public or community water system and not served by a public or community sanitary sewer system shall have a minimum lot area of one acre (43,560 square feet) and adequate area available to provide space for a permitted on-site treatment system with an on-site septic tank and absorption field for wastewater disposal. A lot not served by a public or community water and sanitary sewer system shall have a minimum lot area of 10 acres to provide adequate space to accommodate an on-site septic tank and absorption field for wastewater disposal and to protect any on-site or neighboring water supply well. In areas where public sanitary sewer is available, installation of sanitary sewer facilities are required.
   8.   Sign Regulations. See Section 165.27.
   9.   Green Space and Buffer Requirements. See Section 165.29.
   10.   Off-Street Parking and Loading. See Section 165.47.
   11.   Architectural Standards. See Chapter 166.
   12.   Site Plan Requirements. See Section 165.48.
   13.   Special Exception Permits. See subsections 165.42(2) and (3).