3-1-1

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare, including those purposes, intents, objectives, or similar language as set forth throughout this ordinance.

3-1-2

Where the conditions imposed by any provision of this ordinance upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Ordinance or of any other law, ordinance, resolution, rule, or regulation, the regulation which is more restrictive (or which imposes higher standards or requirements) shall govern.

(Ord. No. 23-12, § 1, 6-19-2023)

All existing structures, uses, and buildings, and all structures, uses of land or buildings that are erected or established after the adoption or subsequent amendment of this ordinance, including all structural alteration or relocation of existing buildings or the enlargements of or additions to existing uses shall be subject to the provisions of this ordinance, which are applicable to the zoning districts in which such structures, uses, or lots or parcels shall be located.

Building permits shall be required for all structures erected, converted, enlarged, restructured, moved, or structurally altered.

3-4-1

Lot access to roads. Except as may be set for herein below, every principal structure or building erected hereafter shall be upon a lot or parcel having not less than 50 feet of frontage upon either a public road or upon a private road, which meets the same standards and requirements of a public road but whose ownership remains with the developer or a property owners association, either of which shall meet the requirements of the applicable subdivision regulations and any other applicable road design and standards regulations.

3-4-2

Acknowledgment of responsibility for maintenance of private road. When a building permit is requested for a lot which fronts upon a private road described in section 3-4-1 above, such permit shall contain a signed statement that the property owner acknowledges the private access to his property and that the governing authority is not responsible for its maintenance, upkeep, or repair.

3-4-3

Driveway access upon corner lot. On any lots having frontage with more than one road at any intersection, driveway access shall not be located within 25 feet of the intersection of any right-of-way lines.

(Ord. No. 23-12, § 1, 6-19-2023)

Any lot of record lawfully established and recorded as of the date of the enactment of this ordinance, the size of which does not meet current minimum lot size requirements, may be used as a non-conforming lot, as set forth hereinafter, for zoning purposes, provided that such lot meets current setback requirements. However, lots of record shall remain subject to current health department requirements concerning the placement of on-site sewage management systems thereon.

If two or more adjoining lots with continuous frontage area shall come in to single ownership after the enactment of this ordinance and such lots individually are too small to meet the requirements of the district(s) in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and such lots shall be subject to the requirements of this ordinance.

(Ord. No. 23-12, § 1, 6-19-2023)

No building or structure shall hereafter be erected, constructed, reconstructed, or altered in any way which accomplishes any of the following:

3-6-1

Houses a greater number of dwelling units per acre or occupies a smaller lot area per dwelling unit than are herein permitted.

3-6-2

Has a narrower or smaller front, rear, or side yard than are herein required.

(Ord. No. 23-12, § 1, 6-19-2023)

Lot area, floor area, setback, yard, and height requirements are set forth in Chart 3-7 herein below:

CHART 3-7
AREA, FLOOR, SETBACK, YARD AND HEIGHT REQUIREMENTS

FOOTNOTES

1.

Side setbacks apply to buildings; for zero lot line dwellings the side yard is waived on one side of the lot.

2.

Measured at the building line.

3.

The maximum allowed density shall not exceed 20 dwelling units per gross acre; the formula within the table is used to compute density for areas less than one acre. (For example: A site containing 2.3 acres allows 40 units + four = 44 units)

4.

70 percent of the total dwelling units must be 900 SF or larger and no dwelling unit shall be less than 700 SF. (Dalton only)

5.

No maximum height. (Dalton only)

(Ord. No. 23-12, § 1, 6-19-2023)

Townhouses and condominiums shall comply with the following requirements:

3-8-1

Separation between buildings. The front or rear face of a building shall be not less than 50 feet from the front or rear face of another building. The unattached side of a building shall be not less than twenty feet from the side face of another such building. The unattached side of a building shall be not less than 40 feet from the front or rear face of another such building.

3-8-2

Alignment. No dwelling unit shall be situated so as to face the rear of another dwelling unit unless terrain differences or vegetation will provide effective visual separation, as determined by the zoning administrator.

3-8-3

Public sewerage. Townhouse and condominium developments shall be served with public sewer or approved package system and a public water system.

3-8-4

Common open space. If a portion of the land is set aside for common open space to be developed for recreational use, such areas shall be developed in accordance with the approved site development plan. Common open space shall be preserved and maintained by a homeowners association created by the developer in accordance with the Georgia Condominium Act.

3-8-5

Subdivision rules. The development of townhouses involves a subdivision of land and all applicable rules of the applicable subdivision regulations shall apply.

3-8-6

Contiguous dwelling units. Not more than eight contiguous townhouses shall be built in a single building in the R-7 district.

3-8-7

Minimum width. The minimum allowed width for the portion of the lot upon which a townhouse is to be constructed shall be 16 feet, but the average width of units in a contiguous group of three or more units shall be 20 feet.

(Ord. No. 23-12, § 1, 6-19-2023)

In order to protect the health, safety, and welfare of the public, no person shall occupy any dwelling which does not meet the following minimum size requirements per occupant thereof: There shall be at least 150 square feet of habitable floor area within a habitable room for the first occupant of each dwelling, with at least 75 square feet of habitable floor area within a habitable room for each additional occupant thereof. For purposes of this requirement, an occupant shall be considered any person who spends, on average, more than two nights per week or eight nights per month, whichever is greater, at such dwelling.

(Ord. No. 23-12, § 1, 6-19-2023)

3-10-1

All structures shall be sound in construction and safe for human use.

3-10-2

No item not ordinarily designed for exterior use shall be permitted in open areas or yards. This shall include, but is not limited to, plumbing fixtures and household appliances.

3-10-3

No lot or parcel shall be allowed by the owner, tenant, resident, or occupant thereof to become unsafe or to endanger the health, safety and welfare of the neighborhood because of growth of vegetation or the accumulation of brush, trash, or debris.

3-10-4

No junk vehicles shall be allowed to remain upon any lot or parcel not operating as a conforming junk yard. It shall, however, be an affirmative defense hereto if the owner shall provide current paid receipts for parts which shall confirm that the vehicle in question is then being actively restored.

(Ord. No. 23-12, § 1, 6-19-2023)