Except as hereinafter provided:

(1)

Use. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, construed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(2)

Height and density. No building or other structure shall hereafter be erected or altered, unless a variance is obtained from the board of zoning appeals:

a.

To exceed the height limits;

b.

To accommodate or house a greater number of families or occupy a smaller lot area per family; or

c.

To have narrower or smaller rear yards, front yards, side yards, or other open spaces.

(3)

Yard service to one building. No part of a yard, or other open space, or off-street parking or loading space required about, or in connection with, any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

Only one principal building. Every building or structure hereafter erected shall be located on a lot or tract as defined herein and there shall not be more than one principal building on one lot, plus its accessory buildings, except as provided in section 44-242(d).

(5)

Reduction of lot area. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yard, lot area per family, or other requirements of this chapter, are not maintained. This section shall not apply when a portion of a lot is acquired for public purposes.

(6)

Street frontage. No principal building shall be erected on any lot which does not have immediate frontage on at least one public street or has a legal and binding easement from an adjoining property owner that does have frontage. The minimum width of said easement shall be 25 feet.

(7)

Corner and double frontage lots. On lots having frontage on more than one street in residential districts, the minimum front yard shall be provided for each street in accordance with the provisions of this chapter.

(8)

Inspection of required buffers. In the event a screen, wall, fence, planted dividing strip, or any other type of buffer is required by this chapter for any use, such screen, wall, etc., will be subjected to periodic inspections by the building inspector to determine that such required walls, fences, etc., are being properly maintained. Failure to maintain such required walls, fences, etc., to an acceptable standard may be deemed a violation of this chapter.

(9)

Continuance of a nonconforming use.

a.

Any building, structure, or use of land existing at the time of the original 1975 enactment or subsequent amendment of the ordinance from which this chapter is derived, but not in conformity with its use regulations and provisions, may be continued subject to the limitations set forth in this subsection. A nonconforming use shall not be:

1.

Changed to another nonconforming use;

2.

Extended or enlarged except in conformity with this chapter;

3.

Reestablished after discontinuance; or

4.

Rebuilt, altered, or repaired after damage exceeding 50 percent of the value of the building. The value shall be computed from the amount the building is assessed for tax purposes by the city.

b.

Newly annexed property. All property annexed to within the city shall be in compliance with O.C.G.A. § 36-66-4(d) and shall be subject to the same procedures as an amendment to the city zoning maps as required in division 3 of article II of this chapter.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

Off-street automobile parking and storage. Except in the C-1 central business district, off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established. Such automobile parking or storage space shall be provided with vehicular access to a street or alley and shall be equal in area to at least the minimum requirements for the specific uses as set forth below. Each off-street parking space shall be at least eight feet, six inches wide and 18 feet deep.

(1)

If the required automobile parking or storage space cannot be provided on the same lot on which the principal use is located, the board of zoning appeals may permit such space to be provided on other off-street property provided such space is within 500 feet of such principal use. Such space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

(2)

All off-street automobile parking and storage space in residential districts shall be so arranged that vehicles will not be required to back onto a public street, road, or highway when leaving the premises.

(3)

Minimum parking requirements. Minimum parking requirements are set forth in the following table:

(b)

Off-street loading and unloading space. Every building or structure used for business, trade, or industry, shall provide space as indicated herein for the loading and unloading of vehicles off the right-of-way of the street or public alley. Such space shall have access to an alley or if there is no alley, to a street. Such space shall have at least 14 feet of vertical clearance. Such space shall be so arranged that no vehicle is required to back onto a public street, road, or highway in order to leave the premises.

(1)

Retail business: One space, ten feet by 25 feet, for each 3,000 square feet of floor area or any part thereof.

(2)

Wholesale and industry: One space, ten feet by 50 feet, for each 10,000 square feet of floor area or any part thereof.

(3)

Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loading or unloading at the terminal at any one time.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

Policy and definition. The city recognizes that in certain instances, in order to provide compatibility of land use with the use of surrounding property and/or to provide buffer zones between dissimilar property uses, it is desirable that a change of property use from one use district to another (hereinafter referred to as a "rezoning") is subject to certain conditions which would limit the use to which such property could otherwise be put. For such reason, any rezoning of a tract of land from one use district to another may be made contingent upon certain conditions as may be deemed appropriate by the mayor and council. Such contingent rezoning shall be known as "conditional zoning."

(b)

Procedure. Conditional zoning may take place at the request of the property owner or at the instance of the mayor and council, as hereinafter set forth:

(1)

Whenever any application for rezoning is supported by specific plans and/or designs for a particular development and/or use, such application shall be deemed to be an application for conditional zoning. The mayor and council may, after public hearing and recommendation by the city planning commission, approve such rezoning as a conditional zoning. If such conditional zoning is granted, the building inspector shall issue a building permit for the development of such property only in strict compliance with the plans and/or designs submitted.

a.

Whenever such conditional zoning is granted, the applicant shall furnish two copies of such specific plans and/or designs, one of which shall be made a part of the ordinance or resolution granting such conditional zoning, and the other of which shall be furnished to the building inspector for his use.

b.

If for any reason the development and/or use of the subject property in accordance with the submitted plans and/or designs cannot be accomplished, such plans and/or designs shall not be altered, changed, or varied except after the express authority of the mayor and council.

c.

Unless substantial progress has been made toward the development and/or use of the subject property within 12 months of the granting of the conditional zoning, the zoning classification of such property shall revert to its status immediately prior to the granting of the conditional zoning.

(2)

Whenever any application for rezoning is made, whether or not accompanied or supported by specific plans and/or designs, the mayor and council shall have the right to condition the grant of such application on such reasonable conditions as it may deem necessary to ensure the compatibility of the use of such land with the use of surrounding land, and to ensure the use of such land in conformity with the overall land use scheme within the city. The conditions which may be placed upon the use of such property may be as follows:

a.

The requirement of buffer zones or strips, as well as the size of such buffer zones and use of certain plants or fencing on such buffer zones;

b.

Limitation as to the portion of the lot or tract upon which a building or buildings may be constructed;

c.

The size of the building or buildings to be constructed thereon;

d.

The density of land use;

e.

Architectural design of the building or buildings to be constructed thereon;

f.

Setback requirements;

g.

Specific use to which the property may be put;

h.

Limitation on the size, number, or design of signs which may be placed on such property.

(3)

Whenever the mayor and council shall grant an application for rezoning and shall place conditions upon such rezoning, the rezoning shall be deemed to be a conditional zoning, and the subject property may be developed only in strict compliance with such conditions. Any such conditions placed thereon shall be made a part of the ordinance or resolution by which such conditional zoning is granted.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

Minimum lot size and minimum yard requirements.

(1)

R-1 single-family residential district.

a.

Minimum lot size: 15,000 square feet.

b.

Minimum lot size per dwelling: 15,000 square feet.

c.

Minimum lot width: 90 feet.

d.

Minimum front setback from a primary street: 35 feet.

e.

Minimum front setback from other streets: 30 feet.

f.

Minimum distance from side lot lines: Ten feet.

g.

Minimum distance from rear lot line: 20 feet.

h.

Maximum height of structures: 35 feet.

(2)

R-2C residential district.

a.

Minimum lot size: 7,500 square feet.

b.

Minimum lot size per dwelling: 7,500 square feet.

c.

Minimum lot width: 50 feet.

d.

Minimum front setback from a primary street: 25 feet.

e.

Minimum front setback from other streets: 20 feet.

f.

Minimum distance from side lot lines: Five feet.

g.

Minimum distance from rear lot line: 20 feet.

h.

Maximum height of structures: 35 feet.

(3)

R-2 residential district.

a.

Minimum lot size: 7,500 square feet.

b.

Minimum lot size per dwelling: 7,500 square feet.

c.

Minimum lot width: 65 feet.

d.

Minimum front setback from a primary street: 35 feet.

e.

Minimum front setback from other streets: 30 feet.

f.

Minimum distance from side lot lines: Ten feet.

g.

Minimum distance from rear lot line: 20 feet.

h.

Maximum height of structures: 35 feet.

(4)

R-3 residential district high density.

a.

Minimum lot size: 43,560 square feet.

b.

Minimum lot size per dwelling: 5,000 square feet.

c.

Minimum lot width: 100 feet.

d.

Minimum front setback from primary street: 35 feet.

e.

Minimum front setback from other streets: 30 feet.

f.

Minimum distance from side lot lines: 20 feet.

g.

Minimum distance from rear lot line: 20 feet.

h.

Maximum height of structures: 35 feet.

(5)

R-4 mixed use/residential district high-density.

a.

Minimum lot size: 21,780 square feet.

b.

Minimum lot size per dwelling: 3,600 square feet.

c.

Minimum lot width: 100 feet.

d.

Minimum front setback from a primary street: Five feet.

e.

Minimum front setback from other streets: Five feet.

f.

Minimum distance from side lot lines: Five feet.

g.

Minimum distance from rear lot line: Five feet.

h.

Maximum height of structures: 75 feet.

(6)

Manufactured home parks. (See regulations in article V of this chapter.)

a.

Minimum area required for park: Five acres.

b.

Minimum size of each home space: 3,000 feet.

c.

Minimum front setback of park from all streets: 50 feet.

(7)

C-1 central business district (old downtown district). There is no minimum lot size, lot width, setbacks, side, or rear lot minimums, but there is a maximum height restriction of 65 feet.

(8)

C-2, commercial districts, and C-N neighborhood district. There is no minimum lot size, lot width or minimum lot size for each structure, but the following setbacks are required:

a.

Minimum distance from a street when front parking is provided: 40 feet.

b.

Minimum distance from a street when no front parking is provided: 20 feet.

c.

Minimum distance from side lot lines when abutting a residential district: 20 feet.

d.

Minimum distance from side lot lines when not abutting a residential district: Ten feet.

e.

Minimum distance from rear lot lines when abutting a residential district: 20 feet.

f.

Minimum distance from rear lot lines when not abutting a residential district: Ten feet.

g.

Maximum height of structures: 35 feet.

(9)

O-I office-institutional district.

a.

Minimum lot size: 7,500 square feet.

b.

Minimum lot width: 60 feet.

c.

Minimum front setback from a primary street: 35 feet.

d.

Minimum front setback from other streets: 30 feet.

e.

Minimum distance from side lot lines: Ten feet.

f.

Minimum distance from rear lot line: 20 feet.

g.

Maximum height of structures: 35 feet.

(10)

G general industrial district.

a.

Minimum lot size: 7,500 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum front setback from a primary street: 40 feet.

d.

Minimum front setback from other streets: 30 feet.

e.

Minimum distance from side lot lines when abutting a residential district: 40 feet.

f.

Minimum distance from side lot lines when not abutting a residential district: 15 feet.

g.

Minimum distance from rear lot lines when abutting a residential district: 40 feet.

h.

Minimum distance from rear lot lines when not abutting a residential district: 15 feet.

i.

Maximum height of structures: 35 feet.

(11)

H-1 heavy industrial district.

a.

Minimum lot size: 87,120 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum front setback from a primary street: 40 feet.

d.

Minimum front setback from other streets: 30 feet.

e.

Minimum distance from side lot lines when abutting a residential district: 100 feet.

f.

Minimum distance from side lot lines when not abutting a residential district: 15 feet.

g.

Minimum distance from rear lot lines when abutting a residential district: 100 feet.

h.

Minimum distance from rear lot lines when not abutting a residential district: 15 feet.

i.

Maximum height of structures: 50 feet.

(b)

Setback requirements for outdoor advertising signs. The minimum yard requirements set out in subsection (a) of this section shall apply to outdoor advertising signs. Any outdoor advertising sign must be erected in an area properly zoned commercial or industrial and must be permitted by the state department of transportation, if required by state law.

(Ord. No. OA-2023-04, 7-10-2023)

(a)

Lots of record.

(1)

Single lots. Where the owner of a lot at the time of the adoption of the ordinance from which this chapter is derived of his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, such lot may be used as a building site for a single-family residence in a district where residences are permitted.

(2)

Adjoining lots. If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of the ordinance from which this chapter is derived and such lots individually are too small to meet the yard, width, and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lots in one ownership shall be subject to the requirements of this chapter.

(b)

Front yard setbacks for dwellings. The setback requirements of this chapter for dwellings shall not apply to any lot where the average existing building setback line on lots located wholly or in part within 100 feet on each side of such lot, within the same block and zoning district, and fronting on the same side of the street as such lot, is less than the minimum setback required. In such cases, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, and in no case less than ten feet from the street right-of-way.

(c)

Height limits. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, television towers, masts, aerials, and similar structures.

(d)

Group projects.

(1)

Such uses are limited to those permitted within the district in which the project is located;

(2)

The distance of every building from the nearest property line shall meet front yard setback and side yard requirements of the district in which the project is located;

(3)

The building heights do not exceed the height limits permitted in the district in which the project is located.

(e)

Waiver of parking requirements in C-1 central business district. Minimum off-street automobile parking and storage space requirements as set forth in section 44-239 may be waived in their application to the C-1 central business district.

(Ord. No. OA-2023-04, 7-10-2023)