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Dawsonville 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.

(Ord. of 12-3-2018)

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.

(Ord. of 12-3-2018)

Sec. 703. - Height limitations.

Height limitations on structures shall be dictated by construction type and by the zoning district in which they reside.

(Ord. of 12-3-2018)

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.

(Ord. of 12-3-2018)

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.

(Ord. of 12-3-2018)

Sec. 706. - Separation between principal buildings.

No principal building shall be located closer than 20 feet to another principal building, except that in the HB commercial highway business, TB town business district, and CBD central business district, such principal building separation shall not apply.

(Ord. of 12-3-2018)

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.

(Ord. of 12-3-2018)

Sec. 708. - Annexation.

Any land area subsequently added to the incorporated area of the city shall automatically be classified R-1 (single-family residential district) until or unless otherwise classified by amendment to the official zoning map.

(Ord. of 12-3-2018)

Sec. 709. - Street frontage requirement.

No building or structure shall hereafter be erected on a lot that does not abut for at least 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.

(Ord. of 12-3-2018)

Sec. 710. - Lot width.

Minimum lot widths as required shall be measured at the front setback line.

(Ord. of 12-3-2018)

Sec. 711. - Prohibited uses.

Unless otherwise provided, any use not specifically or conditionally permitted in a zoning district as provided in this ordinance shall be prohibited in that district.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 3)

Sec. 712. - 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 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.

No more than two accessory buildings shall be permitted on a residential lot.

3.

Accessory buildings and uses shall be setback according to zoning classifications.

4.

Where an accessory building is structurally attached to the 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 shall observe front yard requirements on both streets.

6.

Accessory buildings 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 on a residential lot shall exceed the height of the primary structure.

8.

Detached accessory buildings shall be located a minimum of ten feet from the principal building on a lot.

9.

In no instance shall an accessory building exceed the gross ground floor area of the principal building.

10.

All accessary buildings 201 square feet or greater are required to obtain permits.

Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. Notwithstanding the foregoing, if the lot size is three acres or greater, then the size of the accessory structure shall not be regulated in size but shall meet all setback requirements.

(Ord. of 12-3-2018; Ord. No. 02-2023, § VII, 7-17-2023)

Sec. 713. - 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 for structures over six feet in height.

b.

No fence or wall shall exceed ten feet in height, except for required retaining walls.

c.

No fence or wall shall be erected closer than five 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 feet above the ground may be permitted in commercial and industrial zoning districts.

2.

Gasoline pumps. Gasoline pumps and pump islands shall meet minimum building setbacks for zoning district.

3.

Canopies. Canopies and other attached or detached structures intended for cover shall meet minimum building setbacks for zoning district.

4.

Offices in manufactured homes. Manufactured homes or other temporary structures shall not be used as a permanent or temporary office in any district; provided, however that such manufactured 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 planning director or designee. Said permit shall be temporary for a period not to exceed six months with additional renewal periods to be granted at the discretion of the planning director.

(Ord. of 12-3-2018)

Sec. 714. - Home occupations.

A home occupation as defined by these regulations shall conform to the following requirements:

1.

Only residents of the dwelling plus one employee may be engaged in the home occupation.

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 one work truck and trailer/ no commercial vehicles over class 6 shall be permitted.

5.

No internal or external alterations of the dwelling solely for the accommodation of a home occupation are permitted.

6.

Signs are allowed as permitted in the sign ordinance based on zoning or district.

7.

A business license shall be obtained from the city prior to the operation of any home occupation. Said business license shall require approval by the planning director or designee.

8.

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 students at one time; day care centers serving six 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).

(Ord. of 12-3-2018)

Sec. 715. - Prohibited home occupations.

1.

Kennels, stables, veterinarian clinics/hospitals.

2.

Outside obedience training of animals.

3.

Medical and dental clinics/hospitals.

4.

Restaurants, clubs, drinking establishments.

5.

Motor vehicles sales, medium and large engine repair.

6.

Repair and service of small internal combustion motors for powered lawn equipment, motor cycles, scooters, all-terrain vehicles, boat motors or construction tools and equipment powered by internal combustion motors.

7.

Undertaking and funeral parlors and crematoriums.

i.

Human or animal cremation facilities.

8.

Retail sales of goods not made on the premises and sold to the general public from the premises.

9.

Rooming and boarding houses with the exception of bed and breakfast facilities that have been approved in accordance with the zoning ordinance.

10.

Adult business uses (see city adult business establishment ordinance).

11.

Private clubs.

12.

Warehousing and/or storing of material not directly used in a licensee's home occupation.

13.

Other similar uses as determined by the planning director based upon the proposed use being substantially similar to a prohibited home occupation.

(Ord. of 12-3-2018)

Sec. 716. - 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 and regulations of the governing body.

(Ord. of 12-3-2018)

Sec. 717. - Yard sales.

Yard sales are subject to the following requirements:

1.

Yard sales may be allowed in commercial zoning districts by permit only, and may be held only by groups with nonprofit status as classified by the Internal Revenue Service (IRS).

2.

Yard sales will be allowed in all residential zoning districts but limited to four per dwelling and four per calendar year.

3.

The duration of any yard sale shall not exceed 48 hours. This time limit includes clean up.

4.

Sales must be operated in such a manner so as not to be a nuisance to the neighbors or obstruct streets, sidewalks or driveways, etc.

(Ord. of 12-3-2018)

Sec. 718. - Bed and breakfast establishments.

Bed and breakfast establishments must comply with the following requirements:

(a)

Only one building, dwelling, or structure, the purpose of which is to rent entirely or a portion thereof, is allowed per parcel; and

(b)

Obtain a permit or license from the city in compliance with all provisions of the city's business license requirements, including but not limited to chapter 8 of the city Code, prior to operating as a bed and breakfast establishment.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 4)

Sec. 719. - Short-term home rentals.

Short-term home rentals must comply with the following requirements:

(a)

Only one dwelling, the purpose of which is to rent entirely, is allowed per parcel; and

(b)

Obtain a permit or license from the city in compliance with all provisions of the city's business license requirements, including but not limited to chapter 8 of the city Code, prior to operating as a short-term home rental.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 4)

Sec. 720. - Conditional uses.

Conditional uses are allowed in all zoning districts upon approval by the governing body subject to the following restrictions and criteria:

(a)

No conditional use shall be allowed for a prohibited use in a zoning district.

(b)

All conditional uses shall be consistent with the existing use of the property, any reasonable extension of that use or any use that would be transitional between the existing use and the zoning of surrounding properties.

(c)

All conditional use applications shall be treated in the same manner and use the same procedure as a rezoning petition.

(d)

The governing body shall place such restrictions or conditions on the approval of any conditional use as it deems fit in order to comply with this section, the intent of the zoning ordinance and city's future land use plan.

(Ord. of 8-19-2019, § 5)