Dahlonega City Zoning Code
ARTICLE VII
GENERAL PROVISIONS
Sec. 701.- Use, occupancy and erection.
No building, structure, land, open space or water shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained, and no new use or change shall be made or maintained of any building, structure, land, open space or water, unless in conformity with all the regulations herein specified for the district in which it is located.
Sec. 702. - Minimum requirements.
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.
Sec. 703. - Height limitations.
No building or structure shall hereafter be erected, constructed, reconstructed, or altered, except as otherwise specifically exempted in this ordinance, to exceed the story heights as laid out in figure 703.1 and 703.2; provided, however, that the Governing Body may permit buildings and structures to exceed these height limitations upon approval of a conditional use as specified in Article XXVII [Section 2608] of these regulations. Within the B-3, Historical Business District, no building or structure shall be erected to a height which is greater than the height of the existing building or structure with the greatest height within said district. Buildings erected within the CBD, R-1, R-2, R-3, B-1, I and MHP districts shall not exceed a building height of 35 feet. Buildings in B-2 and O-I shall not exceed a height of 55 feet tall with the exception of South Park Street and Chestatee Street, which shall not exceed a building height of 35 feet.
The height limitations established herein shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles and similar structures.
Definitions:
Story Height. The height of each story is based on the ceiling height of the rooms plus the thickness of the floors between each pane.
(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2018-13, 9-4-2018; Ord. No. 2020-26, 8-17-2020)
Sec. 704. - Every use must be upon a lot.
No building or structure shall be erected or use established unless upon a lot of record as defined by these regulations except as otherwise provided herein.
Sec. 705. - One principal building on a lot.
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 these regulations.
Sec. 706. - Separation between principal buildings.
No principal building shall be located closer than twenty (20) feet to another principal building, except that in the B-3, Historical Business District, and CBD, Central Business District, such principal building separation shall not apply.
Sec. 707. - Reduction in lot size prohibited.
No lot shall be reduced, divided or changed in size so that lot width, size of yards, lot area per dwelling unit or any other requirement of these regulations is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public purpose.
Sec. 708. - Annexation.
Any land area subsequently added to the incorporated area of Dahlonega shall automatically be classified R-1 (Single-Family Residential District) until or unless otherwise classified by amendment to the Official Zoning Map.
Sec. 709. - Street frontage requirement.
No building or structure shall hereafter be erected on a lot that does not abut for at least thirty (30) feet on a public street unless the lot upon which the building permit is requested is an approved lot in an approved Planned Unit Development.
Sec. 710. - Use prohibited when not specified.
Unless otherwise stated, any use not specifically permitted in a use district as provided in these regulations shall be prohibited in that district.
Sec. 711. - Accessory buildings and uses.
Accessory buildings and uses shall be permitted only in side or rear yards, except as otherwise provided by these regulations. Accessory buildings, structures and uses shall be permitted only if they meet the following:
1.
No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.
2.
Only two (2) accessory buildings shall be permitted on a residential lot.
3.
Accessory buildings and uses shall be setback a minimum of five (5) feet from any lot line.
4.
Where an accessory building or structure is structurally attached to a principal building, it shall be subject to and must conform to all regulations applicable to the principal building.
5.
In the case of double frontage lots, accessory buildings and structures shall observe front yard requirements on both streets.
6.
Accessory buildings and structures in residential districts shall not be used for any type of commercial operation, whether permanent, part-time or as part of a home occupation.
7.
No accessory building or structure on a residential lot shall exceed a height of twenty (20) feet.
8.
Detached accessory buildings and structures shall be located a minimum often (10) feet from the principal building on a lot, except for ground-level structures such as patios and walkways.
9.
In no instance shall an accessory building exceed the gross ground floor area of the principal building.
Sec. 712. - Regulations for specific accessory structures.
The following specified structures shall conform to the following regulations:
1.
Fences and Walls:
All fences and walls shall conform to the following:
a.
A permit shall be obtained from the Building Official.
b.
No fence or wall shall exceed eight (8) feet in height, except for required retaining walls.
c.
No fence or wall shall be erected closer than five (5) feet from a public right-of-way or in such a manner as to obstruct vision on a public right-of-way.
d.
Barbed wire top strands six (6) feet above the ground may be permitted in commercial and industrial zoning districts.
2.
Gasoline Pumps:
Gasoline pumps and pump island shall be setback a minimum of twenty-five (25) feet from any public right-of-way or property line.
3.
Canopies:
Canopies and other attached or detached structures intended for cover shall be setback a minimum often (10) feet from any public right-of-way or property line.
4.
Offices in Mobile Homes:
Mobile homes or other temporary structures shall not be used as a permanent or temporary office in any district; provided, however that such mobile homes or structures may be used for a temporary construction office for a licensed contractor in any district, upon issuance of a permit by the Building Official. Said permit shall be temporary but renewable once after a period of six (6) months.
5.
Satellite Dishes:
Satellite receiving dish antennas shall be permitted as accessory structures only in rear yards unless it can be documented that reception is impaired by such a location. In such a case an antenna may be permitted in a side or front yard but not within a required front setback. Satellite dish antennas shall not be located on the roof of a single-family structure.
Sec. 713. - Home occupations.
A home occupation as defined by these regulations shall conform to the following requirements:
1.
Only residents of the dwelling may be engaged in the home occupation. Employment of person(s) not residing in the dwelling is expressly prohibited.
2.
The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building or lot.
3.
No storage or display of products or materials shall be visible from the adjoining street or adjacent properties, and only products produced on the premises may be sold on the premises.
4.
Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of a home occupation.
5.
No internal or external alterations of the dwelling solely for the accommodation of a home occupation are permitted.
6.
No chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, other than reproduction equipment and other equipment approved by the Zoning Administrative Officer for permitted home occupations.
7.
No business identification sign shall be permitted.
8.
Use of a building for a home occupation shall not exceed ten (10%) percent of one (1) floor of the principal building. Home occupations are not permitted, in whole or part, within accessory buildings.
9.
A business license shall be obtained from the City of Dahlonega prior to the operation of any home occupation. Said business license shall require approval by the Zoning Administrative Officer.
10.
The following uses are allowable as home occupations (not all inclusive): Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to two (2) students at one time; day care centers serving six (6) or less persons; professional services (i.e., attorneys, architects, accountants, realtors, insurance and travel agents; secretarial services and answering services; mail order and general offices not involving storage of equipment, materials or vehicles; phone solicitations; beauty salons and barber shops limited to two patrons at a time; food catering).
11.
The following uses are specifically prohibited as home occupations (not all inclusive): cabinet shops and or metal cutting; doctors, dentists or other medical professions; automobile repair or related work. The failure of a home occupation licensee to comply with any of the above conditions shall be reasonable grounds for revocation of a home occupation business license.
Sec. 714. - Visibility at intersections.
No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between two (2) and twelve (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 twenty-five (25) feet from the intersection of the right-of-way lines.
Sec. 715. - Parking or storage of recreational vehicles.
Recreational equipment such as boats, boat trailers, travel trailers, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other vehicles may be parked or stored only in side yards, rear yards, carports, or in an enclosed building, provided however, that such equipment may be parked or stored anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading.
Sec. 716. - Abandoned, wrecked or junked vehicles and materials.
Except as otherwise expressly permitted, it shall be prohibited in all districts to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, or any other miscellaneous scrap material in quantity that is visible from a public street or adjacent or abutting property. Said prohibition shall not be construed as to prohibit the temporary repair or maintenance of automobiles owned by the property owner or the storage of such vehicles, equipment or other materials within an enclosed building, provided that such vehicles, equipment or materials are not for commercial sale.
Sec. 717. - Subdivision plats must meet zoning requirements.
No proposed plat of a subdivision, nor any plat of re-subdivision, shall hereafter be approved by the Governing Body or by the Planning Commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts in these regulations and unless such plat fully conforms with the statutes of the State of Georgia and regulations of the Governing Body.
Sec. 718. - Yard sales.
Yard sales, are subject to the following requirements:
1.
Yard sales may be allowed in the B-3 and CBD zoning districts by permit only, and may be held only by groups with non-profit status as classified by the Internal Revenue Service (IRS).
2.
Yard sales will be allowed in all other zoning districts and may be held as frequently as once every month.
3.
The duration of any yard sale shall not exceed forty-eight (48) hours.
4.
Sales must be operated in such a manner so as not to be a nuisance to the neighbors or obstruct sidewalks or driveways, etc.