Upon the effective date of adoption of this ordinance and resolution, no building, structure, or part thereof shall be erected, moved, remodeled, extended, enlarged, or altered, except in conformity with the regulations herein specified for the zoning district in which it is located, or so provided by the planning commission and city council, if in the City of Eastman, or by the planning commission, if outside the corporate limits of the City of Eastman.

Any building, structure or use lawfully existing at the time of enactment of this ordinance and resolution may be continued as a nonconforming use even though such building, structure, or use does not conform with[to] the provisions of this ordinance and resolution for the use district in which it is located. Similarly, whenever a use district shall be changed hereafter, the then existing lawful use may be continued, as a nonconforming use.

No building, structure, or premises containing a nonconforming use shall hereafter be extended, altered, rebuilt or repaired after damage exceeding fifty (50) percent of its replacement costs, unless such extension or alteration shall conform to the provisions of the zoning district in which it is located, except as stated in section 31, above.

Nothing in this ordinance and resolution shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector, or from complying with his lawful requirements, as long as the proper procedures outlined in Article XIII are followed.

In all zones no construction, fence, hedge, shrubbery, or other obstruction, except buildings in B-2 zones, preventing a clear view which extends over three (3) feet in height, shall be permitted at any corner of intersecting streets where either or both of the streets are less than sixty (60) feet in width, within the area formed by the legs of a triangle the apex of which is the point of intersection of the center line of the traveled roadways and the legs of which are sixty (60) feet in length along the center lines, and the hypotenuse of which is the line connecting the ends of said legs. Exception shall be made for utility poles, lighting standards, post office mail boxes, city or state traffic signs, and trees, the branches of which are kept trimmed to a height of seven (7) feet above the ground.

(36.1)

In each of the use districts, no sign, billboard structure, or obstruction of any character, other than buildings, shall be erected closer than seventy-five (75) feet to the center line of any street, except that standard highway signs and markers which the Georgia State Highway Department and the City of Eastman may authorize shall be permitted within the right-of-way of any street or road. Required house numbers shall be excepted from this provision.

(36.2)

No sign whatsoever, whether temporary or permanent, except traffic control signs and signals and information signs erected by an authorized public agency or department, are permitted within any street or highway right-of-way and must be ten (10) feet from the edge of the pavement or outside the right-of-way, whichever is greater.

(36.3)

Such signs referred to in paragraphs (36.1) and (36.2) will be erected only after securing a permit from the building inspector on forms to be provided by him. Permits will be subject to the approval of the building inspector.

(Ord. of 1-24-2007; Ord. of 11-23-2015)

Every parcel of land which after the effective date of this ordinance and resolution is changed to a public parking area shall be developed as follows:

(37.1)

Such area where subject to heavy traffic shall be paved or have equivalent surfacing subject to the approval of the building inspector.

(37.2)

Where such adjoins a lot in a Residential district, a solid wall, fence or compact planting screen at least five (5) feet high shall be erected and maintained between such area and the Residential district. Such enclosures shall be at least five (5) feet from the side of a lot in a Residential district, and all required front and side yards shall be properly maintained.

(37.3)

Any light used to illuminate said parking area shall be so arranged as to reflect light away from the Residential district.

(37.4)

All off-street parking facilities shall be designed with appropriate means of access and egress to streets, alleys, and maneuvering areas. No curb cuts in any zone shall exceed forty (40) feet in length. Detailed plans shall be submitted to the building inspector for approval of all driveway openings or curb cuts before a permit may be obtained.

(38.1)

Authority to require loading facilities: On or after the effective date of this ordinance and resolution, no permit for a new business or industrial structure or use shall be issued unless there is included with the plan for such structure, or use, a plot plan showing the required off-street loading facilities.

(38.2)

Off-street loading: On any premise in business and industrial districts on which is conducted any new business or industrial use, there shall be provided space as follows:

A.

Off-street loading space shall be provided with an access to an alley or street.

B.

One loading berth for each fifty (50) feet of building width up to five thousand (5,000) square feet of ground floor area, except that none shall be required for three thousand (3,000) square feet or less.

C.

One additional loading berth for each ten thousand (10,000) square feet of floor area or fraction thereof over the first five thousand (5,000) square feet of floor area.

D.

Such loading berth shall be not less than ten (10) feet in width, thirty (30) feet in length, and fifteen (15) feet in height.

(38.3)

Design standards: Same as for public parking areas. See Section 37.

(39.1)

[Height limitation of building or structure]. Except as hereinafter provided (Article XII), no building or structure shall be erected or enlarged or reconstructed to exceed the height limit established for the zone wherein such building or structure is located.

(39.2)

[Conforming to area regulations of zone]. Except as hereinafter provided (Article XII), no building or structure shall be erected on a lot unless such building or structure conforms with[to] the area regulations of the zone in which it is located. (Article XI.)

(A)

Reduction of lot area: No lot shall be so reduced or diminished, that the yards, other open spaces or total lot area shall be smaller than that prescribed by this ordinance and resolution, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.

(B)

Lots of record with less than minimum area: Lots of record at the time of enactment of this ordinance and resolution which have less than the minimum requirements for Residential zones may nevertheless be used for uses or buildings permitted in the respective zones. All other lots in a Residence zone shall be for uses prescribed for the zone in which they are located.

(39.3)

[Required yards and open space]. Required yards apply to only one building: No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this ordinance and resolution shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot where a building is to be erected.

(39.4)

Building lines: Front building line shall conform to the average building line in a developed block, but in no case shall it be less than ten (10) feet. Where there is undeveloped land for a distance of three hundred (300) feet on both sides of a proposed building, the minimum building line setback shall be the required distance from the established right-of-way as described in Article XI.