(a)

Scope. The following material is intended to define and regulate those uses allowed in any given zoning district as a matter of right. In each instance the use also must comply with any development standards of the zoning district in which it is/will be located. In the event of a conflict between those standards and the ones in this article, the more strict regulation shall govern. All uses shall have their customary dictionary definition unless specifically provided otherwise in this article.

(b)

Governmental uses. Such uses shall include buildings, structures and uses of land by a unit of local government, not listed elsewhere including, but not restricted to, libraries, public schools, parks, playgrounds, recreation centers and fire stations. The city council shall be advised by other governmental jurisdictions of their plans to establish public facilities within the city by written notice and a site plan submitted to the building inspector for approval in accordance with applicable provisions of this chapter.

(Ord. of 3-20-2006)

(a)

Accessory uses and structures.

(1)

Accessory uses and structures customarily incidental to any permitted use (general).

a.

An accessory structure shall be located on the same lot and within the same zoning boundary as the principal building/use to which it is accessory.

b.

No accessory structure shall be constructed upon a lot until construction of the principal building has commenced. If the principal building has not been completed within 12 months of the issuance of a building permit, then the accessory use shall be continued only with express permission of the planning and zoning commission based upon unusual circumstances or hardship. Under no circumstances may the accessory structure or use continue for more than 24 months if the principal structure/use has not been completed.

c.

An accessory structure shall not be permitted in a side yard in the residential districts, or in the front yard of any district without express permission of the planning and zoning commission board upon unusual circumstances or hardship

d.

A residential accessory structure shall not be rented or occupied for gain.

e.

An accessory structure located closer than 20 feet to the principal building in a residential district shall comply with the yard requirements of the principal building to which it is accessory.

f.

Except in the agriculture district, accessory structures shall not exceed two stories in height and may not cover more than 30 percent of the rear yard.

g.

Where a corner lot adjoins in the rear a lot in a residential district, no accessory structure shall be located closer to the side street right-of-way line than the principal building or closer than 25 feet to the rear property line. The setback of 25 feet will not be required when the adjoining yard is a rear yard.

h.

When an accessory structure is attached to the principal building by a breezeway, passageway or similar means, the accessory structure shall comply with the yard requirements of the principal building to which it is accessory.

i.

Accessory structure swimming pools in a residential district shall comply with the minimum side and rear yard requirements of that district. Setback minimums shall be measured from the decking or closest part of the pool structure to the applicable property line. Accessory swimming pools shall be permitted only upon written approval by the appropriate governmental authority to indicate compliance with applicable swimming pool regulations.

j.

Accessory uses in an apartment development may include, but shall not be limited to, laundry facilities, which must be housed in a permanent structure, for the convenience of residents.

(2)

Specific accessory use restrictions.

a.

Automobile, truck and trailer lease and rentals, as an accessory use to an automobile service station.

1.

This use shall not be established on a lot of less than 20,000 square feet.

2.

This use shall not occupy more than ten percent of the lot area.

3.

No more than four trailers, trucks or cars shall be permitted outdoors on the lot at any one time.

4.

Parking areas for the permitted trailers shall be located only in portions of the lot where off-street parking is permitted, but no area or space shall occupy spaces set aside for required off-street parking or use by cars awaiting service. No trailer shall be parked within 30 feet of the future street right-of-way line or in any way that interferes with normal traffic flow to, within or out of the lot.

5.

All parking areas shall be clearly marked and no unit shall be parked outdoors other than within these boundaries except when being serviced.

b.

Accessory retail sales and services. Retail sales and services accessory to the operation of an office building or institutional use, motel, hotel or high-rise apartment development, conducted wholly within the building housing the use to which these activities are accessory, provided that the floor space used or to be used for these secondary uses shall be limited to a total of 25 square feet per dwelling unit in a high-rise apartment development or 25 square feet per room in a hotel or motel, or ten percent of the net floor area in an office building or institutional use, and provided that:

1.

Every public entrance to this use shall be from a lobby, hallway or other interior portion of the primary use structure.

2.

No show window, advertising or display shall be visible from the exterior of the primary use structure.

3.

No merchandise shall be stored or displayed outside of the primary use structure.

However, the requirements of subsections (a)(2)a and (a)(2)b of this section shall not apply to restaurants and cafeterias secondary to a hotel or motel and office building or institutional use; these secondary uses may be located in a structure other than the primary use structure. The following secondary uses are permitted: barbershops, beauty shops, laundry and dry cleaning pickup and distribution stations and other similar personal service establishments; drugstores; bookstores; florists; convenience/food stores; gift shops; cafeterias and restaurants; private clubs; laundry facilities for the convenience of residents; newsstands; and shoe repair shops.

(3)

Home occupation.

a.

There shall be no exterior evidence of the home occupation, other than a non-illuminated identification sign having an area of not more than two square feet, which shall be attached wholly to the dwelling structure within which the home occupation is conducted.

b.

No use shall create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference that would be detected beyond the dwelling unit.

c.

This use shall be conducted entirely within the dwelling unit and only persons living in the dwelling unit shall be employed at the location of the home occupation. Non-owner applicants for home occupations must have express authorization from the property owner.

d.

No more than 25 percent of the heated floor area of the dwelling unit may be used for the conduct of the home occupation.

e.

No use shall involve public contact on the property and no article, product or service shall be sold on the premises other than by telephone, unless this use has been granted a conditional use permit following public hearing as provided in division 2 of article II of this chapter.

f.

No material, equipment or business vehicles shall be stored or parked on the premises of the home occupation unless they are confined entirely within the residence, except that one business vehicle (the carrying capacity of which shall not exceed one and one-half tons) used exclusively by the resident may be parked in a carport, garage or rear or side yard. In addition, there shall be no storage of mechanical earthmoving equipment at the location of the home occupation unless the property area exceeds five acres.

g.

No home occupation shall be operated so as to create or cause a nuisance.

h.

A permit for a home occupation shall expire every 12 months or whenever its holder ceases to occupy the premises for which it was granted, whichever shall first occur; provided, however, that this provision shall not prevent reapplication for a new permit.

(b)

Agriculture and forestry.

(1)

Dairies. No building used to maintain livestock shall be located closer than 50 feet to any existing residential structure.

(2)

Grape growing and wine distillation. Grape growing and wine distribution, production and sale shall be permitted, provided any structure used for processing, distilling, bottling or sale for onsite production of wine shall be set back at least 100 feet from any property line and shall comply with all federal, state or other local regulations or ordinances pertaining to the same.

(3)

Greenhouse; nursery. A greenhouse or nursery must be set back at least 50 feet from any property zoned or used for residential purposes.

(4)

Livestock and poultry. Livestock and poultry (unless raised for use exclusively by the property owner):

a.

Shall only be permitted on a lot containing one or more acres.

b.

Except in the AG-2 district, there shall be not less than 5,000 square feet of fenced lot area not covered by the principal structure for each animal, unless the property is a bona fide farm.

(5)

Livestock sales; pavilion or flea market. Any buildings used for livestock sales or pavilion or farmer's market shall be located at least 100 feet from any property line.

(6)

Produce stands. Produce stands shall be temporary or seasonal stands for the sale of produce grown on the premises. There shall be a minimum of four off-street parking spaces. Such stands shall have access to at least a collector street and shall not be operated so as to create a traffic hazard.

(7)

Riding stables. Riding stables shall be established on a lot having an area of not less than five acres. Any structure shall be located at least 50 feet from any property line.

(8)

Sawmill, permanent.

a.

The use may not create noise, dust, vibration, smell, excessive traffic, smoke, glare or electrical interference so as to arise to the level of a nuisance.

b.

This use shall not be permitted within 500 feet of any property used for a residence, school, park, church, playground or hospital.

c.

A minimum buffer of 50 feet shall be required.

d.

If approved, this use may be subject to limitation upon hours of operation or noise levels.

e.

Vehicular access shall be from an arterial/collector street.

(c)

Animal care facilities.

(1)

Animal hospitals and veterinary clinics.

a.

All structures shall be located and activities conducted at least 100 feet from any property or structure zoned or used for residential purposes.

b.

Adequate soundproofing and odor proofing shall be provided so the use does not create a nuisance.

c.

No boarding shall be allowed unless required in connection with medical treatment.

d.

No outside runs or kennels shall be allowed when such facilities are located within a planned center.

e.

A six-foot fence shall enclose all properties on which such a use is located when it is not otherwise part of a planned center.

(2)

Boarding and breeding kennels. All structures used for boarding and breeding kennels shall be at least 100 feet from any property or building zoned or used for residential purposes.

(3)

Noncommercial kennels/shelters. All noncommercial kennels and shelters shall be located on a site of not less than one acre; all structures shall be located at least 100 feet from any property line; and all facilities shall be constructed and activities conducted so as not to create a nuisance. A six-foot fence shall enclose all property on which such shelters are operated.

(d)

Automotive, boat and trailer, sales and service.

(1)

Automobile, boat, trailer and truck sales. No vehicle parked for sale or service shall be located within a future street right-of-way as shown by any transportation and thoroughfare plans of the county, by the zoning maps or by conditions or right-of-way dedication by which rezoning is approved. No external display of merchandise shall interfere with sight lines so as to create traffic or other safety hazards.

(2)

Automobile, truck and trailer repair and paint shops.

a.

This use shall not be permitted within 100 feet of any property used for a residence, school, park, church, playground or hospital.

b.

All activities shall be carried on entirely within an enclosed building.

c.

This use shall not be established on a lot which is either adjacent to or directly across the street from any R district.

d.

In the C-1 district, there shall be no outside storage of materials, supplies, equipment or vehicles.

(3)

Automobile service station.

a.

There shall be no body and fender, repair, painting or dismantling of vehicles on the premises.

b.

All minor auto repair, maintenance, service, storage of materials or similar activities connected with this use shall be carried on entirely within an enclosed building, which shall be located at least 100 feet away from any residential district or use.

c.

Property on which such service station is to be located shall not be within 100 feet of any residential district or any property containing a school, public playground, church, hospital or public library.

d.

Property shall have minimum frontage on a public street of 100 feet and minimum area of 12,000 square feet, if existing, or 20,000 square feet for new development. All buildings shall be set back 40 feet from future right-of-way lines, and all canopies shall be set back 15 feet from the same.

e.

No more than two curb cuts for 120 feet of street frontage shall be permitted, and no curb cut shall be located closer than 20 feet to a street intersection, within ten feet of adjoining property, or within 20 feet of another curb cut.

f.

A minimum of two off-street parking spaces is required for each service station, with an additional one space for each automobile bay.

g.

A raised curb of at least six inches in height shall be erected along the street property lines (except for curb cut openings) where appropriate.

h.

Exterior lighting shall be deflected away from adjacent properties.

i.

All service areas, drives and storage areas shall be paved and curbed. Remaining lot areas shall be grassed.

j.

Gasoline pumps and other service facilities shall be set back not less than 15 feet from the future right-of-way line and also shall not be located less than 60 feet from the centerline of the arterials or collectors or 45 feet from the centerline of local streets.

(4)

Automobile, truck and trailer lease and rentals.

a.

All vehicles shall be set back at least 30 feet from the future street right-of-way line.

b.

All parking areas shall be clearly marked, and no unit shall be parked outdoors other than within these boundaries, except when being serviced.

(5)

Automobile/truck wash service.

a.

A paved area shall be located on the same lot for the storage of vehicles awaiting service equal to one third of the practical hourly capacity of the wash machines.

b.

This use in an industrial district shall be established only at the intersection of an arterial and a freeway or two arterials or in an established industrial park.

c.

The principal structure associated with this use shall be located at least 50 feet from all property lines.

(6)

Boat sales and service.

a.

All boats or boat trailers shall be set back at least 30 feet from the future street right-of-way line.

b.

No outside display of merchandise shall create a traffic or other safety hazard.

(7)

Reserved.

(8)

Retail automobile parts and tire store.

a.

Unless otherwise permitted within the district, there shall be no dismantling of vehicles on the premises to obtain auto parts.

b.

Unless elsewhere permitted within this district, the only auto part installation that shall be permitted in connection with this use shall be the installation of tires and the installation of minor maintenance or accessory parts.

c.

Unless elsewhere permitted within this district, major auto repair shall not be permitted in connection with this use. Minor auto repair and maintenance may be permitted, provided this repair and maintenance shall be incidental to the normal upkeep of an automobile.

(9)

Tire re-treading and recapping. Tire re-treading and recapping shall be permitted, provided all vehicles shall be set back at least 30 feet from the future street right-of-way line.

(10)

Truck stop. No truck stop shall be located any closer than 500 feet to any lot used or zoned for residential purposes. The principal structure shall be set back at least 50 feet from all property lines. A minimum 50-foot buffer is required.

(e)

Building equipment, building materials and farm equipment.

(1)

Electrical supply stores.

a.

In a C-1 district, there shall be no outdoor storage of materials, supplies, equipment or vehicles.

b.

In C-2 and industrial districts, outdoor storage shall be at least 50 feet from the future street right-of-way line, and shall be enclosed by [a] six-foot screening fence.

(2)

Lumber and other building materials. In C-2 and industrial districts, outdoor storage shall be at least 50 feet from the future street right-of-way line, and be enclosed by an six-foot screening fence.

(3)

Paint, glass and wallpaper stores.

a.

In C-1 district, there shall be no outdoor storage of materials, supplies, equipment or vehicles.

b.

In C-2 and I-L districts, outdoor storage shall be at least 50 feet from the future street right-of-way lines, and be enclosed by an six-foot screening fence.

(4)

Plumbing and heating equipment dealers.

a.

In a C-1 district, there shall be no outdoor storage of materials, supplies, equipment or vehicles.

b.

In C-2 and I districts, outdoor storage shall be at least 50 feet from the future street right-of-way lines, and be enclosed by an six-foot screening fence.

(f)

Recreation and entertainment/commercial recreation and entertainment.

(1)

Fishing lake, public.

a.

All buildings and structures associated with such use shall be set back not less than 50 feet from property zoned for R or RM purposes.

b.

Central loudspeakers shall be prohibited.

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

(2)

Go-cart concessions.

a.

All buildings and structures associated with this use shall be set back not less than 200 feet from any property line.

b.

This use shall not be permitted within 500 feet of the boundary of an R district.

c.

This facility shall be enclosed by a wall or solid fence of not less than six feet in height.

d.

The maximum motor size of any cart used shall not exceed five horsepower.

(3)

Golf or baseball driving range.

a.

All buildings and structures associated with such use shall be set back not less than 200 feet from property used for R or RM purposes.

b.

Central loudspeakers shall be prohibited.

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

(4)

Miniature golf course.

a.

The facility shall be enclosed by a wall or fence and buffer area ten feet in depth to screen the adjacent property.

b.

Central loudspeakers shall be prohibited.

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

(5)

Golf course, private.

a.

The golf course shall be a full nine-hole or 18-hole course.

b.

Any building or structure established in connection with this use shall be set back not less than 100 feet from any property line except where this property line is a street line. In this case, the front yard setback established for the district shall apply.

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

(6)

Swimming pool, public.

a.

The facility shall be enclosed by a wall or fence and buffer area ten feet in depth to screen the adjacent property.

b.

Central loudspeakers shall be prohibited.

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

d.

All public pools shall be subject to approval by city/county health officials.

(7)

Swimming pool (private, neighborhood).

a.

Site plans shall be approved by the building inspector to ensure compatibility of the facility with the neighborhood in which it is to be located.

b.

Reserved.

c.

A swimming pool shall be enclosed by a fence having a height of not less than four feet.

d.

Outdoor activity shall cease by 12:00 midnight.

e.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

f.

This use shall be permitted only upon written approval of the health department to indicate compliance with the health department swimming pool regulations.

(8)

Tennis centers, clubs and facilities (private).

a.

All buildings and structures associated with such use shall be set back not less than 50 feet from property zoned for R or RM purposes.

b.

Central loudspeakers shall be prohibited.

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

(g)

Communication. (See chapter 63 - Telecommunications in the City of Eatonton Code of Ordinances.)

(h)

Community facilities.

(1)

Assembly halls. Assembly halls include armories, union halls, conference halls, business-meeting locations, civic halls, and internal gathering places for activities of a similar nature.

(2)

Cemeteries, mausoleums, and columbariums. Cemeteries, mausoleums, and columbariums as an independent use, requires a tract of not less than 20 acres with direct access to a public street, provided that all graves shall be set back not less than 50 feet and all structures not less than 200 feet from any property line or future street right-of-way lines; and provided that all property shall be landscaped and maintained. Otherwise, all cemeteries, mausoleums, and columbariums must be operated on or as a part of a church or of the property in use by that religious institution.

(3)

Crematorium. All buildings used for a crematorium shall be set back not less than 200 feet from all property lines and not less than 1,000 feet from any property zoned or used for residential purposes.

(4)

Landfills, sanitary. This use is not permitted inside the city limits.

(5)

Parks, private. Private parks are limited to planetariums, aquariums, botanical gardens and other nature exhibitions, provided that no structure is located closer than 100 feet to any property used or zoned for residential purposes.

(6)

Recycling center. The term "recycling center" embraces recycling efforts ranging from collection locations for recyclable materials to solid waste transfer stations. No such use may be located closer than 500 feet from any residential use or zoning district.

(i)

Dwellings.

(1)

Multifamily dwellings (duplexes and apartments). Multifamily dwellings (duplexes) are structures intended to house two families in two dwelling units.

Multifamily dwellings (apartments) are structures intended to house three or more families in three or more dwelling units.

(2)

Multifamily dwellings (condominium, fee simple town-homes). Condominiums or fee simple town-homes are single-family dwelling units which are erected in a row as part of a single building, on adjoining lots, each being separated from the adjoining unit or units by an approved fire registrant party wall or walls extending from the basement or cellar floor to the roof along the dividing lot line.

(3)

Relative residence. A relative residence is allowed, subject to the following restrictions:

a.

The real property owner must live in the single-family residence.

b.

Relatives may be by blood, marriage or law.

(j)

Eating and drinking places. There are no additional requirements for eating and drinking places.

(k)

Education: Day nurseries/kindergartens. Other than being operated as a home occupation, day nurseries and kindergartens may not be located closer than 200 feet to any property used or intended to be used for residential purposes, and the facility must be enclosed by a fence not less than six feet in height.

(1)

The lot on which these uses are established shall have access to arterial or collector streets.

(2)

There shall not be less than 30 square feet of indoor play area for each child at maximum enrollment, and not less than 100 square feet per child of outdoor play area at maximum enrollment.

(3)

The outdoor play area shall be enclosed by a fence not less than four feet in height.

(4)

A circular drive shall be provided for off-street loading and unloading.

(l)

Lodging (temporary).

(1)

Hotel. In the C-1 and C-2 districts, a hotel shall be permitted only in planned centers of not less than five acres or on sites adjacent to or within 500 feet of an interstate highway interchange or the intersection of two major arterials.

(2)

Travel trailer park.

a.

No travel trailer park shall be located except with direct access to a city/county, state or federal highway, with a minimum lot width of not less than 50 feet for access points. No entrance or exit shall be through a residential district, or shall require movement of traffic from the park through a residential district.

b.

The minimum lot area per park shall be three acres.

c.

Spaces in travel trailer parks may be used by travel trailers, provided that they meet any additional laws or ordinances and shall be rented by the day or week only, and an occupant of such space shall remain in the same trailer park for a period of not more than 30 days per six-month period.

d.

Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a trailer park are permitted as accessory uses in any district in which trailer parks are allowed, provided that:

1.

Such establishments and the parking area primarily related to their operations shall not occupy more than ten percent of the area of the park.

2.

Such establishments shall be restricted in their use to occupants of the park.

3.

Such establishments shall present no visible evidence of their commercial character, which would attract customers other than occupants of the park.

e.

No space shall be so located so that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any freeway, expressway, arterial or collector streets.

f.

In addition to meeting the above requirements, the travel trailer park site plan shall be accompanied by a certificate of approval from the city/county health department.

g.

A minimum 50-foot buffer is required when adjacent to any residential use, 25 feet for other districts, densely planted with evergreen and hedge-type shrubs designed to provide full screening for the park.

h.

Setbacks, open space requirement, parking, refuse collection and illumination must meet the standards of R-4 district regulations.

(3)

Bed and breakfast.

a.

Residency. The owner of the bed and breakfast must live on the premises.

b.

Maximum capacity. The maximum capacity of a bed and breakfast shall be eight guestrooms, subject to inspection and approval by the city, health department, and fire department, as applicable.

c.

Minimum heated living area. The bed and breakfast dwelling shall have a minimum of 2,000 square feet of heated living area.

d.

Length of stay. The length of stay for any registered guest shall not exceed 14 consecutive days.

e.

Guest register. The owner shall keep a register of all guests of the bed and breakfast establishment. Such list shall be available for inspection by the city and/or its designee at all reasonable times.

f.

Meals. Meals shall only be served to registered guests except during functions and special events as allowed in this section. No guest room may be equipped with cooking facilities.

g.

Residential character. The exterior appearance of the structure shall be single-family residential in character. All city sign ordinances shall be followed.

h.

Occupation tax certificate and hotel-motel taxes. All individuals operating a bed and breakfast shall obtain an annual occupation tax certificate from and collect and remit hotel-motel taxes to the city.

i.

Alcoholic beverages. Owners wishing to serve alcoholic beverages to guests shall be licensed in accordance with chapter 6 of this Code.

j.

Functions and special events. Functions and special events such as weddings, dinners, meetings, and receptions shall be allowed on the premises for registered and/or non-lodging guests subject to the following conditions:

1.

Owners desiring to host functions and special events shall apply for and obtain a conditional use permit as defined in division 2 of article II of chapter 75 of this Code. Such permit shall only remain valid if all applicable conditions are maintained and the use does not create a public nuisance.

2.

A minimum lot size of one acre shall be required.

3.

Owners shall submit an application to and obtain a permit from the office of the city clerk at least seven days prior to any function or special event. The application for such permit shall contain, at minimum, the following information:

i.

The name and address of the bed and breakfast establishment;

ii.

The date and time of the function or special event; and

iii.

Certification that the owner shall comply with all conditions outlined in this section.

4.

Not more than one function or special event shall be held on Mondays—Thursdays of any week.

5.

All functions and special events shall end at or before 10:00 p.m., excluding clean up and related activities.

6.

Not more than 50 guests shall be allowed at functions and special events, excluding those persons providing a service.

7.

The property shall have a commercial kitchen, a valid food service permit issued by the department of public health, and other appropriate licensing for food and beverage service as may be required.

8.

All functions and special events shall maintain compliance with section 30-71 of this Code related to noise.

9.

Sufficient off-street parking shall be provided. Parking shall be in compliance with all applicable laws, ordinances, and regulations. The police department shall enforce such temporary traffic control measures as may be necessary.

10.

Functions and special events shall be of a nature that would normally occur in that neighborhood and must not interfere with the quality of life of neighboring properties.

k.

Non-transferability. Any bed and breakfast occupation tax certificate and conditional use permit are non-transferable and shall be immediately voided upon the sale or transfer of the subject property.

(m)

Manufacturing and industrial uses.

(1)

General requirements.

a.

No plant shall be designed to operate in a manner that will emit smoke, odor or objectionable waste materials or produce noise or vibration so as to create a nuisance.

(n)

Reserved.

(o)

Religious facilities.

(1)

Churches and other places of worship.

a.

When in an R district, any building or structure established in connection with these uses shall be set back not less than 75 feet from any property line, except where this adjoining property is zoned for nonresidential use, in which case the setback shall be the same as required for the adjoining nonresidential district. Where this property line is a street line, the front yard setback established for the R district shall apply.

b.

When in an R district, these uses shall be permitted only on a lot that has access to an arterial or collector street.

c.

The site must have frontage on a public street of at least 125 feet, and have a minimum lot width of 125 feet.

d.

No parking area shall be established within 20 feet of another R use.

(2)

Convent or monastery.

a.

When in an R district, any building or structure established in connection with these uses shall be set back not less than 50 feet from any property line, except where this property line is a street line, in which case the front yard setback established for the district shall apply.

b.

When in an R district, these uses shall be permitted only on a lot which has access to an arterial or collector street.

c.

The site must have frontage on a public street of at least 125 feet and a minimum lot width at building setback line of 125 feet.

d.

No parking area shall be established within 20 feet of another R use or district.

(p)

Retail trade.

(q)

Services.

(1)

Ambulance and emergency medical services (private).

a.

These uses shall be permitted only on property with frontage on an arterial or collector with access limited to that arterial or collector.

b.

These uses shall be located on property independent from any other use.

c.

The proposed development shall be reviewed and written approval granted by the director of public safety and the building inspector prior to the issuance of any permit or license.

d.

The owner of the business shall bear all costs for traffic signs and signals necessary to advise the motoring public of emergency vehicle access. The requirement for, and location of, these warning signs and signal devices shall be determined by the traffic engineer or other appropriate county personnel.

(2)

Convalescent or nursing home. Parking shall be provided for a convalescent or nursing home at a ratio of one space per three beds, plus one space for every doctor (staff or visiting) and for every two employees.

(3)

Hospitals. Hospitals must be located on a collector or arterial. At least 100 feet shall separate all buildings from any residential district, of which the outermost 50 feet shall be a buffer. At least 50 feet shall separate all parking areas from residential districts, of which ten feet shall be a buffer.

(r)

Storage.

(1)

Junkyards. Junkyards must satisfy the following standards:

a.

Minimum area: Five acres.

b.

Minimum lot width: 300 feet.

c.

Access shall be limited to arterial or major thoroughfares.

d.

Setbacks: 500 feet from any residential use other than residence of the property owner; 100 feet from all property lines.

e.

Fence: A screened fence at least eight feet high shall be erected around the entire perimeter of the property with a gate to be opened only to access the site. The gate shall contain a lock to prevent unauthorized entry.

f.

Minimum buffer: 50 feet.

g.

Approval is subject to the provision of a plan for rodent/pest control.

(s)

Transportation.

(1)

Bus stations. Bus stations are permitted, provided that such uses are located on arterials and that 200-foot deceleration and acceleration lanes are constructed for all access points.

(2)

Railroad stations. Railroad stations are permitted, provided that such uses are located on arterials and that 200-foot deceleration and acceleration lanes are constructed for all access points.

(t)

Temporary uses.

(1)

Mobile office/temporary sales center. Mobile office and temporary sales centers may be permitted as long as such use shall cease at such time as 80 percent of the lots are sold.

(2)

Storage or occupancy during construction. A temporary structure may be used during construction for storage or security; provided, however, that it shall be removed within ten days after the sale of the last structure or issuance of a building permit to construct the last structure, whichever first occurs.

(3)

Camper. Campers may be used by valid building permit or a camper permit (limited to 14 days a month).

(Ord. of 3-20-2006; Amd. of 10-20-2008; Res. of 8-15-2022, § 2; Res. of 9-16-2024)

It is impossible to set forth each and every use of land that may exist now or in the future in the city. If approval is sought for a use not specifically identified, the building inspector shall consider the requested use to determine whether it is substantially similar to identified uses. For purposes of this section, the term "substantially similar" shall mean that the unidentified use shares the same characteristics as an identified use in terms of nature of operation, size of operation, impact from operation and requirements of the use. The director of planning and development's decision in this regard shall be subject to the appeal provisions of section 75-42. However, all decisions of the director which are not appealed, or any final decision on appeal shall be reduced to writing and kept in the official records of the city so as to ensure consistency of decision making about heretofore unidentified uses.

(Ord. of 3-20-2006; Amd. of 10-20-2008)

The development standards set forth in each of the divisions delineated in article III of this chapter apply to development in zoning districts in which public or community water lines are available and in which septic tank sewer service is possible. If community or public water or septic tank service is not available, then the standards applicable to that zoning district will vary at least as to minimum lot size inasmuch as developments which utilize septic tanks may require a larger developable lot size and also requires health department approval as to its appropriateness for septic tank or well water use. The building inspector is authorized to increase minimum lot sizes and otherwise vary district development standards as per division 1, article II of this chapter to accommodate the need to use septic tanks or well water and health department regulations in this regard. The unavailability of public sewer lines or water shall preclude the ability to develop projects which cannot utilize septic tanks. Any lot upon which an individual well or septic tank are to be provided shall have a minimum area of not less than that required by state and city/county health department regulations. The site location on the lot of these facilities shall be approved by the city/county health department in accordance with applicable requirements. In the event of a conflict between the lot sizes required by this chapter, or one required by state or city/county health department regulations, the more strict requirement shall govern.

(Ord. of 3-20-2006)

(a)

One building on each lot. Except in the case of planned centers and planned development, only one principal building/use, together with any customary accessory buildings allowed within that zoning district, shall occupy each lot.

(b)

Use and construction of temporary buildings. Temporary buildings other than provided in this article shall not be allowed in any district.

(c)

Requirements for moving a building. No dwelling unit or other permanent structure shall be moved within or into the city unless, when relocated, it meets all requirements of this chapter and other city code requirements, and is first approved by the building inspector. This restriction shall not apply to the replacement of a mobile or manufactured home with a new mobile or manufactured home at the same location and on the same lot, provided the new structure meets current city codes governing mobile homes and manufactured housing.

(d)

Fences and walls. No fence or freestanding wall in a required yard, other than a retaining wall, shall be more than eight feet in height, or be constructed in a public right-of-way or future street right-of-way. Any fence in a required front yard in a residential district shall not exceed four feet in height. No fence, wall or shrubbery, which creates an obstruction to vision or traffic safety hazard, shall be erected, permitted or maintained. When this chapter requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary use structure.

(e)

Buffer area. Buffer areas required by this chapter shall be established and maintained by the property owner under the following provisions:

(1)

Be maintained as a planted area, using existing vegetation or, when required, additional planting as provided in this subsection.

(2)

Be landscaped with trees, shrubs, flowers, grass, stone, rocks and other landscaping materials.

(3)

Not be used for parking or a structure other than a fence or drainage improvements required by the city. However, a buffer area may be used for vehicular access and utility easements (only if these uses are provided approximately perpendicular to the greater distance of the buffer area) and for drainage improvements required by the city based upon competent engineering studies which show these improvements to be necessary, upon approval of the director of planning and development.

(4)

Except as provided above, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, or to thin this natural growth where too dense for normal growth, or to remove diseased, misshapen or dangerous and decayed timbers. However, a slope easement may be cleared and graded where required to prevent soil erosion upon approval of the director of planning and development; this easement may cover no more than 20 percent of the required buffer area, and shall be immediately replanted upon completion of easement improvements.

(5)

Where the conditions described in the preceding subsection cannot be met by reason of the topography of the land or of the prior removal of or lack of timber and foliage, the owner of the buffer area may erect a permanent wall or fence of not less than six feet in height or a screen of evergreen planting, so designed and developed as described in this subsection. These plantings shall consist of evergreen shrubs not less than six feet in height. The following plants shall be approved for this purpose but shall not be exclusive of other plants which may be suitable, provided that they can form a hardy screen, dense enough and high enough both to interrupt vision and to diffuse the transmission of sound:

Magnolia Grandiflora (Southern Magnolia).

Pinus Strobus (White Pine)

Prunus Caroliniana (Cherry Laurel).

Ligustrum Lucidyn (Glossy Ligustrum).

Ilex Burfordi (Buford Holly).

Elaeagnus Pungens (Elaeagnus).

(6)

Any grading, improvements or construction adjacent thereto shall be conducted far enough from the buffer area so as not to disturb or encroach upon the buffer area except for those uses as stated in number three of this section.

(7)

Be designated on any plat required of the development.

(f)

Parking of trailer. Commercial vehicles with more than four wheels, recreational vehicles, travel trailers, campers, pickup coach, buses, motorized homes, boat trailers and haulers and boats shall not be parked in the front yard in any residential district. Travel trailers recreational vehicles, campers, motorized homes, boat trailers and haulers and boats may be parked or stored in an enclosed garage or carport or in rear or side yards, provided that they remain more than 20 feet from the rear property line and ten feet from the side property line. No such vehicle shall be occupied for sleeping or as a residence, either permanently or temporarily, when so parked.

(g)

Open space. Open space areas required to be established by this chapter shall be permanently maintained as open space and appropriately landscaped with trees, shrubs, flowers, grass, stones, rocks or other landscaping materials. These areas may not be used for vehicular access, parking or similar uses except as otherwise permitted in this article.

(h)

Determination of development standards from private streets. When this chapter requires the establishment of minimum building setback lines, frontages and related development standards, these measurements for property not abutting a public street shall be made from or along a private street, except in apartment developments, where these measurements shall be made from public road frontages or as otherwise provided in this chapter.

(i)

Site plan preparation. Site plans and other development plans required to be submitted under the provisions of this chapter shall be prepared only by those currently registered for this work in accordance with applicable state law.

(Ord. of 3-20-2006; Amd. of 10-20-2008)

(a)

Residential; single-family.

(1)

A buffer area with a minimum width of 50 feet and a six-foot fence or wall which provides visual screening shall be established and permanently maintained by the developer of any nonresidential or multifamily property when adjoining any R district. The requirement for a fence or wall may be waived by the building inspector upon presentation of data by the property owner or developer which shows that construction of the fence or wall would destroy existing vegetation which, in itself, provides visual screening between the development and the residential district, or when the development abuts undeveloped property. Additionally, an earthen berm not exceeding two feet in height may count towards the prescribed height of any fence, wall or dense landscaping.

(2)

In a residential single-family subdivision of ten or more lots for detached housing units, up to ten percent of the lots may have a minimum lot width at the setback line of less than that required by the zoning district; however, the lot width shall not be less than 90 percent of that required by the zoning district and the lot area shall not be less than that required by the zoning district.

(b)

Nonresidential and multifamily.

(1)

Maximum height of structures. All buildings in excess of three stories must be approved by the building inspector to ensure adequacy of fire protection facilities and service. Requests for height variances shall be pursued pursuant and subject to division 2 of article II of this chapter.

(2)

Spacing. No building shall be located closer than listed in this subsection (b)(2) to any part of another building or to a property line:

AG-2, C-1, C-2, I-L, I-H. None except 20 feet to a property line; a minimum of 50 feet, unless otherwise provided in this section, if it abuts a residential use or district.

RM (all). A minimum distance of 20 feet will be observed between the sides of apartment and other buildings; 40 feet between the front of an apartment and a side which it faces; and 60 feet between the front and rear of buildings; and between separate buildings which face each other.

(3)

Buffer area. A buffer area with a minimum width by zoning district as provided in this subsection (b)(3) and a six-foot fence or wall which provides visual screening shall be established and permanently maintained by the developer/owner when adjoining an R district:

AG-2, C-1, C-2, I-L, I-H. 50 feet.

The requirement for fence or wall may be waived by the director of planning and development upon presentation of data by the property owner or developer which shows that construction of the fence or wall would destroy existing vegetation which, in itself, provides visual screening between the development and the R district, or when the development abuts undeveloped property. Additionally, an earthen berm not exceeding two feet in height may count towards the prescribed height of any fence, wall or dense landscaping.

(4)

Service areas. All service areas for nonresidential uses shall be established so as not to infringe upon any yard requirement and shall be visually screened from adjacent residential properties.

(5)

Fire safety requirements. Accessibility for firefighting equipment on a hard-surfaced subbase (subgrade plus an asphalt first layer or bound crushed stone aggregate) shall be maintained in all nonresidential districts (assuming city water is available) and planned developments. Minimum widths of private access driveways within such a development, excluding parking, shall be 20 feet, and the minimum turning radii shall be 35 feet. Fire hydrants and water service shall be installed to within 500 feet of units under construction before proceeding with framing.

(Ord. of 3-20-2006; Amd. of 10-20-2008)

(a)

Substandard lots of record. When two or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of the effective date of the resolution from which this chapter is derived, and these lots have a frontage or lot area of less than two-thirds of what is required by the district in which they are located, these lots shall be re-plotted or re-parceled so as to create one or more lots which conform to the minimum frontage and area requirements of the district. Those lots, which have been approved for septic tank use before the effective date of the resolution from which this chapter is derived, shall not be required to be re-platted for reasons of any change in minimum lot size required for septic tank use.

(b)

Double buffer. When a required buffer area would abut and be continuous to an established buffer area, which meets all requirements of this chapter, then this additional required buffer area need not be established.

(c)

Height requirements. The height limitations as stated in this chapter shall not apply to:

(1)

Barns, silos or other farm structures when located on farms, belfries, cupolas and domes, monuments, water towers, windmills, chimneys, smokestacks, flagpoles, radio or television towers, masts and aerials; and

(2)

Bulkheads, elevator penthouses, water tanks and scenery lofts and similar structures, provided that these structures shall not cover more than 25 percent of the total roof area of the building on which these structures are located.

(d)

Yard requirements. When the setback of existing buildings which are located within 100 feet of each side of a lot and are within the same block and zoning district and which front on the same street as this lot is less than the minimum required setback, the setback of this lot may be the average of the existing setbacks, but in no event less than 15 feet from the street right-of-way upon which such lot fronts.

(e)

Double frontage and corner lots. Lots, which adjoin a public street in the rear, shall provide the minimum required front yard on each street. The side yard setback for corner lots shall be no less than one-half of the front yard requirements applicable to that lot.

(f)

Projections into yards.

(1)

Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses and other ornamental and architectural features, provided that these features do not project more than three feet into any required yard.

(2)

An open, unenclosed porch or hard-surfaced terrace, steps, stoops and similar fixtures of a building may project into a required front yard or rear yard for a distance not to exceed ten feet, and into a side yard to a point not closer than five feet from any side lot line.

(3)

Notwithstanding other provisions of this chapter, fences, walls, hedges, driveways and buffer areas may be permitted in any required yard or along the edge of any yard, provided that no fence, wall or hedge along the street sides of lots shall violate the visibility provisions of this chapter, and that any fence in a required front yard in a residential district shall not exceed four feet in height.

(Ord. of 3-20-2006; Amd. of 10-20-2008)

Each use shall meet the following requirements:

(1)

Street access. Except as provided in this chapter, each building shall be located on a lot or parcel which abuts a public paved street or has access to a public street by means of a recorded and paved access easement. However, should an owner of a tract of property subdivide it so as to provide smaller parcels only to other family members for their residential use, then the new parcels so created may be accessed by recorded, permanent and private easements between the original owner (grantor) and his grantees, upon approval of the director of planning and development.

(2)

Right-of-way dedication and reservation. Future street rights-of-way, shall be deeded to the city by the developer pursuant to all applicable law. Street rights-of-way not providing access to the affected property (such as an interstate highway) shall be reserved by means of a recorded plat, but no dedication of these facilities shall be required. However, this reservation shall not be required for a period to exceed six months.

(3)

Street improvements. Street improvements required to accommodate traffic generated by a use and improvement of new street rights-of-way, as established by the transportation plan or this chapter shall be made in accordance with city policy, which may include requiring the rezoning applicant to bear part or all of the cost of the same, based upon the need for such improvements caused by such new development.

(4)

Extension of existing streets. Existing streets shall be connected and extended within the limits of a new development. However, streets or portions of streets adjacent to a proposed nonresidential or multifamily use which are developed and are being used exclusively for residential access shall not be connected, extended or in any way provide access to a nonresidential or multifamily use.

(5)

Street access/curb cuts in other than R district. Curb cuts for service drives, entrances, exits and other similar facilities on public streets in other than R districts shall not be located within 20 feet of any intersection or within 40 feet of another curb cut. A curb cut shall be no greater than 30 feet in width and no closer than 20 feet to any property line, unless approved by the director of planning and development as necessary for vehicular and access safety.

(6)

Traffic control devices. If the traffic forecasted to be generated by a use within a nonresidential district will necessitate traffic control devices for that use to ensure public safety, the developer shall install such devices as are necessary to handle the traffic generated by the development pursuant to all applicable law. This determination shall be made by city council based upon standard traffic planning procedures of the Institute of Traffic Engineers using traffic warrants of the Federal Highway Administration and the state department of transportation.

(7)

State department of transportation approval. All entrances or exits of any street or drive, public or private, from or to any state highway shall be approved by the state department of transportation prior to the construction of this street or drive, or the issuance of any development permit for any improvement to be served by this street or drive.

(8)

Corner visibility clearance. In any district, no fence, structure, sign, planting or other obstruction (above a height of three feet) shall be maintained within 15 feet of the intersection of the right-of-way lines extended of two streets, or of a street intersection with a railroad right-of-way, except as provided in this chapter.

(9)

Private streets. Private streets within any district shall not be used to satisfy the off-street parking requirements of this chapter. Private streets within any district shall be assigned names and locations, and names of these streets shall be shown on plans required for the issuance of building and development permits as provided in this chapter. The Eatonton Post Office or other appropriate authority to avoid conflicting names shall approve all private street names. Private drives which provide access to a nonresidential or multifamily use shall not be permitted in any residential district.

a.

All private streets must be recorded as a permanent access easement.

b.

No private street shall be approved if its existence shall create a fire protection or prevention problem for future residents of the area to be accessed by private way.

c.

Satisfactory and sanitary provision shall be made for refuse disposal by residents to be serviced by the private street.

d.

Private ways shall be wide enough to permit two motor vehicles safely to pass each other.

e.

With the exception of width, as provided in this section, private streets shall be constructed in full accordance with city standards for public road construction.

(10)

Off-street automobile parking. Off-street automobile parking shall be provided in accordance with all applicable provisions of this section.

a.

Plans required. A parking plan for all but detached single-family residential uses shall be submitted to the building inspector with the building plans. He shall review the proposed parking plan to ensure its conformance with all applicable provisions of this chapter. The building inspector shall not allow occupancy or use of a building until he ascertains that its related parking facilities are completed in accordance with the approved plan. The provision of the required spaces on a temporary basis on a hard-surfaced subbase (subgrade plus an asphalt first layer or bound crushed stone aggregate) shall satisfy this requirement.

b.

Design standards. All parking facilities, including entrances, exits and maneuvering areas, shall comply with the following provisions:

1.

Shall have access to a public street unless otherwise provided in this section.

2.

Shall be graded and paved, including access drives, and be curbed when needed for effective drainage control.

3.

Shall have all spaces marked with paint lines, curbstones or other similar designations.

4.

Each space shall have not less than 153 square feet, and shall be not less than eight and one-half feet wide and 18 feet deep, exclusive of passageways. The size of the parking spaces may be reduced to a minimum area of not less than 120 square feet and shall be not less than eight feet wide and 15 feet deep, exclusive of passageways on not more than 40 percent of the number of spaces required for any one use. There shall be adequate interior drives to connect each space with a public street. Handicap spaces shall be provided in compliance with the Americans With Disabilities Act.

5.

Shall be drained so as to prevent damage to abutting property or public streets.

6.

Shall be separated from sidewalk and streets in public rights-of-way by wheel bumpers and by a strip of land at least ten feet wide reserved as open space and planted in grass or landscaped.

7.

Design of the parking area, including space and driveway arrangement, shall conform to the geometric design standards of the Institute of Traffic Engineers.

8.

Adequate lighting shall be provided if the facilities are to be used at night. This lighting shall be arranged and installed so as not to reflect or cause glare on abutting properties.

9.

No parking or loading area shall be established within the required front yard of any multifamily or O-I district.

10.

No parking or loading area shall be established in the required front yard of any R district except for a single-family residential use, nor shall more than 35 percent of this required front yard be paved or used for parking under any circumstances except as provided in section 75-457(f), "exceptions to development standards."

11.

The parking area shall be permanently maintained by the owners or the occupants for their invitees or licensees so long as the uses exist. The provisions of subsections (10)b.2—8 of this section shall not apply to single-family residential uses where three or less spaces are required.

c.

Location. All parking facilities shall be located on the same plot with the use it serves, unless otherwise provided in this section.

d.

Joint use of parking facilities. The required parking spaces for a number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays.

e.

Use of area. No parking area may be used for the sale, repair, dismantling, servicing or long term storage of any vehicles or equipment unless permitted by the district in which the area is located.

f.

Surface of parking areas. The parking of any vehicle on any lot in any district on other than a surface treated and hardened to accommodate this vehicle is prohibited except as provided in this section.

g.

Parking of business vehicles. The parking of business vehicles other than ordinary passenger automobiles shall be within a garage or carport or within a side or rear yard except for official government vehicles. The parking of any business vehicle other than a pick-up or panel truck used to provide daily transportation to and from work and any vehicle with a carrying capacity or more than one and one-half tons is prohibited in the R-1 district.

h.

Required spaces. The number of parking spaces or area required for a particular use shall be as follows:

(11)

Off-street loading requirements. Off-street loading shall be established in accordance with all applicable provisions of this section.

a.

Design standards. Where required, one or more off-street loading spaces shall be provided on the same or adjoining premises on the same or adjoining premises with the facility it serves, either inside or outside a building. A loading berth shall have minimum dimensions of 12 feet by 35 feet by 14 feet overhead clearance. A loading space need not be a full berth but shall be sufficient to allow normal loading of a magnitude appropriate to the property served. The building inspector shall determine the sufficiency of loading space, but in no case shall this space or its use hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley.

b.

Required spaces. The number of spaces or area required for a particular use shall be as follows:

1.

Hospital, retail operations, including restaurant and dining facilities within hotel and office buildings, with a total usable floor area of 20,000 square feet

or more: One loading berth for every 40,000 square feet of floor area or fraction thereof; one loading space for every 20,000 square feet of floor area or fraction thereof.

2.

All other hospitals and retail operations with a gross floor area less than 20,000 square feet, all wholesale and light industrial operations with gross floor area less than 10,000 square feet: one loading space.

3.

Office buildings: One loading birth per 1,000,000 square feet or fraction thereof.

4.

Industrial and wholesale operations, gross floor area of 10,000 square feet or over:

10,000—40,000 square feet: 1

40,000—100,000 square feet: 2

100,000—160,000 square feet: 3

160,000—240,000 square feet: 4

240,000—320,000 square feet: 5

320,000—400,000 square feet: 6

Each 90,000 square feet above 400,000: 1

(Ord. of 3-20-2006; Amd. of 10-20-2008)

(a)

No structure not now located within the county shall be used as a residence and individually sited unless it has been constructed at least in conformity with the requirements of the U.S. Department of Housing and Urban Development under 42 USC 5401, currently meet all fire and safety requirements of such standards, and has more than 500 square feet of living area.

(b)

Any manufactured home or mobile home shall be completely enclosed (skirted) with materials of brick, finished block, or finished concrete. Any manufactured or mobile home with an interior width measurement of 16 feet or less may be skirted with other material approved by the city council provided the owner of the structure pay an administration fee of $200.00, or other sum approved by the city council, for the monitoring and enforcement of this provision. Failure to use the approved skirting or to keep the same properly maintained and in repair shall be a violation of this section subjecting the owner of the structure to a citation being issued and punishment pursuant to the general penalty provisions articulated in section 1-12 of this Code. Payment of the administration fee outlined herein shall constitute a waiver of personal jurisdiction by the owner of the structure.

(c)

All manufactured homes must be sited with the front entrance facing the street. Manufactured homes located on two streets must site the home facing the street on which the address has been issued.

(d)

All manufactured homes and mobile homes individually sited must have at each door a landing that is a minimum of 36 inches by 36 inches; be attached to a permanent foundation; and have all towing devices, wheels, axles and removable hitches removed.

(e)

All manufactured homes that meet or exceed the following requirements, in addition to the construction or manufactured standards required, shall be considered standard residential dwelling units subject to all standards and setback minimum lot sizes in the R-1 single-family residential district:

(1)

Minimum width in excess of 16 feet interior measurement.

(2)

Roof with minimum pitch of 2:12 and with surfaces of wood shakes, asphalt composition, wood shingles, concrete, fiberglass, built-up gravel materials, or other materials approved by the building inspector.

(f)

All manufactured homes and mobile homes to be individually sited which do not meet or exceed the requirements of subsection (d) of this section, in addition to other requirements in this section, shall be permitted in the R-2 residential district and shall comply with the following:

(1)

In existing subdivisions that have specific covenants providing for individual siting of such homes, the setbacks provided in the covenants shall control, but shall not be less than the standard residential setback provided in this section.

(2)

In existing subdivisions that allow the siting of such homes, the standard residential setbacks provided in this section shall apply.

(3)

Siting at any other location other than an R-1 district and an R-3 district shall require that such homes are located upon a lot not less than one acre per dwelling unit.

(g)

All manufactured homes and mobile homes individually sited must be placed upon permanent foundations constructed in accordance with applicable building codes and state law. All manufactured homes and mobile homes shall be installed in accordance with manufacturers' instructions and O.C.G.A. § 8-2-131 and state fire marshal rules and regulations.

(h)

The following items must be completed before final power inspection for manufactured homes and site-built homes:

(1)

Completion of skirting/underpinning as sited in (b) above;

(2)

Construction of porches/decks at each exit as sited in (c) above;

(3)

Installation of driveway pipe and 50 feet of gravel at driveway entrances onto city/state/federal roads;

(4)

Construction of well house, if applicable;

(5)

Permanent posting of street number; and

(6)

Connection to water and sewer facilities.

(h)

Fines for dealers who deliver and set up a home without valid building and electrical permits shall be a minimum of $1,000.00.

(Ord. of 3-20-2006; Amd. of 6-15-2009)

These standards are applicable only to those pre-owned manufactured homes built under the Federal Manufactured Housing Construction and Safety Standards (HUD Code) and defined as a manufactured home under O.C.G.A. § 8-2-131(3). Construction and safety standards for a pre-owned HUD Code manufactured home should not exceed the HUD Code standard in effect at the time the home was produced.

(a)

Definitions.

(1)

Pre-owned manufactured home. Any manufactured home as defined in O.C.G.A. § 8-2-131(3) that has been previously utilized as a residential dwelling.

(2)

Retailer. A retailer shall be synonymous with dealer as defined in O.C.G.A. § 8-2-131(2).

(3)

Assignee. Any bank, financial institution or any person purchasing a retail installment contract, that has as security, a manufactured home.

(b)

Facilities required.

(1)

Sanitary facilities. Every pre-owned manufactured home shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in working conditional when properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be in a sanitary working condition free from leaks and obstructions.

(2)

Hot and cold water supply. Every kitchen sink, lavatory and tub or shower in a pre-owned manufactured home must be connected to a supply of both cold and hot water.

(3)

Water-heating facilities. Every pre-owned manufactured home shall have water-heating facilities in a safe, working condition.

(4)

Heating facilities. Every pre-owned manufactured home shall have heating facilities in a safe, working condition. Where a central heating system is not provided, each manufactured home shall be provided with facilities whereby heating appliances may be connected.

(5)

Smoke detector. Every pre-owned manufactured home shall be provided with a State of Georgia approved smoke detector, installed in accordance with the manufacturer's recommendations and listing.

(6)

Windows. Every habitable room excluding bathrooms, kitchens, and hallways, shall have at least one window that can be opened, facing directly to the outdoors.

(7)

Ventilation. Every habitable room shall have at least one window or skylight that can be opened or such other device that will ventilate the room.

(8)

Electrical.

a.

Distribution panels. Distribution panels shall be in compliance with the approved listing, complete with required breakers or fuses, with all unused openings covered with blank covers approved and listed for that purpose. Connections shall be checked for tightness. Panels shall be accessible.

b.

Electrical system. The electrical system (switches, receptacles, fixtures, etc.) shall be properly installed, wired and shall be in working condition. The pre-owned manufactured home shall be subjected to an electrical continuity test(s) to assure that all metallic parts are properly bonded.

c.

Third party inspection. The retailer, assignee, or city may, in lieu of inspecting the electrical system of a pre-owned manufactured home, request an electrical inspection by a qualified third party. Approval by such a person will be accepted as compliance with those portions of the safety standards established herein, which pertain to electrical systems. The city will not be responsible for any cost incurred by or due to a qualified third party.

(9)

Exterior walls. The exterior of the home shall be free of loose or totting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls to the occupied spaces of the pre-owned manufactured home.

(10)

Exterior siding. The exterior siding of the pre-owned manufactured home shall be free of rot and rust and must be uniform in appearance.

(11)

Roofs. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.

(12)

Interior floors, walls and ceiling. Every floor, interior wall and ceiling shall be kept in sound condition to prevent the admittance of rain or moisture.

(c)

Homes purchased for repair. No home may be placed on a lot for occupancy until standards herein are met.

(Ord. of 3-20-2006)