Any lot of record which is legal at the time of the adoption or amendment of this ordinance, may be used, subject to the following exceptions and modifications.

8.1-1.

Use of substandard lots. Where the owner of a lot at the time of the adoption or amendment of this ordinance does not own sufficient area and width to enable him to conform to the dimensional requirements of this article, such lot may be used as a building site.

8.1-2.

Individual lot not meeting minimum lot dimension requirements. In addition to section 8.1-1, in any residential district, any lot of record existing at the time of adoption or amendment of this ordinance which has a width or area less than that required by this ordinance may be used as a building site for a single-family dwelling only. In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the zoning board of appeals is empowered to hear the request for a minimum variance.

8.1-3.

Adjoining lots. When two or more adjoining lots of record with continuous frontage are in one ownership at any time after the adoption or amendment of this ordinance and such lots, individually, have an area or width that is less than required by this ordinance, then such contiguous lots shall be considered as a single lot or several lots of the minimum width and area required in the zoning district in which they are located.

8.2-1.

Lot area. Hereafter, no lot shall be reduced in size so that lot width, size of yards, lot area per family or any other requirement of this ordinance is not maintained. This limitation shall not apply:

a.

When a portion of a lot is acquired for a public purpose.

b.

To dormitories, fraternities, sororities and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms.

c.

To rental units in a hotel, motel, motor lodge, tourist home or to rooms in a rooming or boarding house.

8.2-2.

Yards and open space.

a.

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

b.

Every part of a required yard shall be open to the sky, except as provided by this article. Other projections such as sills, window air conditioning units, chimneys, cornices and ornamental features may extend to a distance not to exceed 24 inches into a required yard.

c.

Notwithstanding other provisions of this ordinance, fences, walls, and 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 corner lots shall violate the corner visibility provisions of this ordinance.

d.

Except for the following uses, only one principal building, together with its customary accessory buildings, shall be permitted to occupy each lot:

•

Public/institutional buildings.

•

Multiple-family dwellings in the R-2 and R-3 districts.

•

Commercial/industrial buildings in the GC, I-1 and I-2 districts.

The above provisions shall not be construed to allow the erection of any building or portion of a building outside of the buildable area of the lot or the intermingling of uses.

e.

If a lot is to be occupied by two or more related buildings for residential purposes, the front side of a dwelling structure shall not be erected so as to face the rear side of another dwelling structure within the same lot or on adjoining properties, except where differences in terrain and elevation would provide effective visual separation or the units are more than 60 feet apart.

f.

Dwelling structures which are front face to front face or back face to back face or front face to back face shall be not less than 60 feet apart. Dwelling structures which are side face to side face shall be not less than 20 feet apart. Dwelling structures which are side face to front face or back face shall be not less than 40 feet apart.

g.

All multi-family lots must preserve a minimum of 25 percent of the overall lot size for greenspace. The required setbacks and/or buffer area may be used to achieve this greenspace.

8.2-3.

Front yards.

a.

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

b.

On through lots, the required front yard shall be provided on each street.

c.

Corner lots shall meet the minimum front yard requirements on the sides adjacent to both streets and the remaining yards shall be considered side yard requirements.

d.

Open, unenclosed porches, platforms, or paved terraces, which are not covered by a roof of canopy and do not extend above the level of the first floor of the building, may extend or project into the required setback area if it is less than six feet long.

e.

Within the same block and zoning district, when 25 percent or more of the existing buildings which are located within 200 feet of each side of a lot have less than the minimum required setback, the required front setback of such lot should not exceed the average of the existing front setbacks.

8.2-4.

Side yards.

a.

For the purpose of the side yard regulations, a group of commercial buildings separated by common or party walls shall be considered as one building occupying one lot.

b.

The minimum width of side yards for schools, libraries, churches, and other public and semipublic buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a business or commercial district, then the width of that yard shall be as required for the district in which the building is located.

8.2-5.

Rear yards. Open or lattice-enclosed fire escapes, outside stairways, and balconies opening upon fire towers and the ordinary projections of chimneys and flues, may project into the required rear yard for a distance of not more than five feet, but only when not obstructing light and ventilation.

8.2-6.

Fences and walls. No fence or free-standing 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 unless otherwise specified and shall be completed prior to occupancy of the primary use structure.

(Ord. No. 081919, § 1, 8-19-2019)

No sign, fence, wall, hedge, planting, or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 25 feet distant from the intersection of the street lines.

8.4-1.

An accessory structure shall not be permitted in any required front yard, except as specified in section 8.4-8.

8.4-2.

Except as herein provided in sections 8.4-4 and 8.4-5, no accessory building or structure shall be erected beyond a required yard line along any street.

8.4-3.

Residential accessory uses such as garages, greenhouses or workshops, shall not be rented or occupied for commercial purposes.

8.4-4.

Where a corner lot adjoins in the rear, a lot in a residential district, no accessory building shall be located closer to the street right-of-way line other than the principal building or closer than five feet to the rear property line.

8.4-5.

No garage or other accessory building shall be located closer than three feet to a side or rear lot line in a residential district.

8.4-6.

All residential accessory buildings must be located at least ten feet to the rear of the principal building.

8.4-7.

Areas in which the accessory storage of a boat, boat trailer or travel trailer is permitted shall not include the required front yard.

8.4-8.

Filling station pumps and pump islands where permitted may occupy the required yards, provided that they shall not be less than 15 feet from street lines; canopies, whether attached or detached from the principal building must be at least 14 feet in height and the outermost edge shall be five feet from any property line.

8.4-9.

All nonresidential accessory building shall only be used by the owners, employees, lessee, or tenants of the premises, and shall meet the setback requirements of the principal building.

8.4-10.

An open or unenclosed swimming pool may occupy a required rear or side yard, provided that the pool is not located closer than six feet to a rear lot line or ten feet to an interior side lot line. A three-feet-wide walk space shall be provided between pool walls and protective fences or barrier walls.

The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to: ensure the compatibility of home occupations with other uses permitted in the R-1, R-2, R-3, and MHP districts; maintain and preserve the character of residential neighborhoods; and provide peace, quiet, and domestic tranquility within all residential neighborhoods within the district, in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effect of commercial uses being conducted in this district. Residential home occupations, where permitted, must meet the following special requirements:

8.5-1.

There shall be no exterior indication of the home occupation or variation from the residential character of the principal use;

8.5-2.

A home occupation shall be carried on wholly within the principal use. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached;

8.5-3.

A home occupation is subordinate to the use of a dwelling unit for residential purposes. No more than 25 percent of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation;

8.5-4.

There shall be no more than two clients on premises at a time for any residential home occupation except as provided in 8.5-11;

8.5-5.

No on-street parking of business related vehicles (either marked or commercially equipped) shall be permitted at any home. No business vehicles larger than a van, panel truck, or pickup truck is permitted to park overnight on the premises. The number of business related vehicles is limited to one;

8.5-6.

The residential home occupation is limited to employment of residents of the property and not more than one additional person;

8.5-7.

No more than one home occupation shall be permitted within a single dwelling unit;

8.5-8.

No commercial telephone directory listing, newspaper, radio, or television service shall be used to advertise the location of a home occupation to the general public;

8.5-9.

A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perception outside the structure;

8.5-10.

A home occupation which will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values, or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors, or other circumstances is not permitted.

8.5-11.

Permitted residential home occupations:

a.

Architectural services

b.

Beauty shop

c.

Art studio

d.

Consulting Services

e.

Data Processing

f.

Dental technician and laboratory

g.

Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, erbalife [Herbalife]) provided there is no production on premises

h.

Drafting and graphic services

i.

Dressmaking, sewing, tailoring, contract sewing (one machine)

j.

Electronic assembly

k.

Engineering service

l.

Financial planning or investment services

m.

Flower arranging

n.

Home office

o.

House cleaning service

p.

In-home child care, but not more than six children at a time, including the caregiver's own preschool children

q.

Insurance sales or broker

r.

Interior design

s.

Laundry and ironing service

t.

Locksmith

u.

Real estate sales or broker

v.

Telephone answering, switchboard call forwarding

w.

Tutoring, including all indoor and outdoor instructional services limited to two students at a time

x.

Writing, computer programming

8.5-12.

Prohibited residential home occupations:

a.

Ambulance service

b.

Appliance repair

c.

Automobile repair, parts sales, upholstery, or detailing, washing service (including businesses working at customer's home)

d.

Carpentry, cabinet makers

e.

Contracting, masonry, plumbing or painting

f.

Restaurants, food preparation

g.

Tow truck services

h.

Veterinary uses (including care, grooming or boarding)

8.6-1.

Such uses shall be essential for service to the area in which located.

8.6-2.

Any building or structure, except an enclosing fence, shall be set back not less than 20 feet from any property line and shall meet all applicable yard requirements in excess thereof.

8.6-3.

Such uses shall be enclosed by a fence not less than eight feet in height.

8.6-4.

The required front yard and other open space on the premises outside the fenced area shall be grassed, landscaped, and maintained in an appropriate manner.

8.6-5.

The storage of vehicles and equipment on the premises shall be prohibited.

8.6-6.

The site and development plans shall be approved by the enforcement officer to ensure compatibility of facilities with the neighborhood in which they are located.

The following requirements apply to all developers and/or owners of real property involved with the erection, repair, alteration or removal of any building or structure, as well as the grading in anticipation of such development in the LC, GC, I-1 and I-2 zone districts.

8.7-1.

Tree planting.

a.

Perimeter planting requirements.

A tree planting strip, exclusive of access driveways, with an average width of eight feet is required along all property lines abutting the public right-of-way. If large maturing trees are used, the planting strip shall include two trees with a minimum of two inches of caliper and eight feet in height in the first 40 feet and one tree per 40 feet thereafter or fraction thereof. If small maturing trees are used, the same conditions apply; but the increment drops to 30 feet.

When a building permit is requested for renovation of a previously developed site and where the required perimeter strip does not exist, trees are still required.

However, in lieu of an eight-foot-wide planting strip, a pavement cutout of a minimum of 80 square feet and with a minimum dimension of five feet may be substituted. This substitution, if so agreed upon by all parties, must be constructed within the designated front setback area for the particular property as set forth in the City of Ellijay Zoning Ordinance [this appendix].

When a railroad or utility right-of-way separates the perimeter from a city right-of-way, the planting strip requirement and the tree planting requirements must still be met.

b.

Internal lot planting requirements.

Whenever the impervious cover exceeds 10,000 square feet, an area equal to five percent of the total impervious surface must be provided for landscape purposes and tree planting. Internal tree planting is required at the rate of one tree per 10,000 square feet of impervious cover.

Trees must be planted within the paved area so that no parking space is more than 90 feet from a tree. Minimum unpaved landscape area per tree shall be 160 square feet with a minimum dimension of eight feet.

When a building permit is requested for the renovation of a site previously developed, internal tree planting is still required; and the minimum planting area shall be 160 square feet per tree. Five percent of the total impervious cover must be open for landscape purposes.

c.

Tree specifications. The trees to be planted must be from an approved list supplied by the City of Ellijay. Minimum tree caliper measured six inches above ground on all trees shall be two inches, and the minimum height shall be eight feet. No trees identified as "large maturing" shall be planted within 20 feet of an electrical transmissions or distribution line. This does not include low-voltage insulated or covered lines of 240 volts or less of telephone or cable vision lines.

(Ord. No. 051704-A, § 1, 5-17-2004)

8.7-2.

Protection of existing trees.

a.

Preservation standards. No tree larger than eight inches DBH may be removed without a permit. No grading may proceed prior to the issuance of tree removal permit if one is required by the City of Ellijay. Standards for tree preservation and protection will be published by the City of Ellijay.

b.

Tree survey required. Applications for grading, building and change of use permits shall provide a tree survey which shall include all trees of eight-inch DBH and larger and all trees over one-inch caliper and six feet in height on the city right-of-way. Stands of southern yellow pine species may be indicated by groups with the average tree DBH.

c.

Tree protection and planting plan required. All applications for grading plans and building permits shall be accompanied by a tree protection and planting plan which includes the following:

(1)

A tree and root plate protection plan for the existing trees on the public right-of-way.

(2)

A tree and root plate protection plan for existing trees over eight inches DBH in the tree protection zone.

(3)

A planting plan for required trees on public and private property. Plans that are only for required street tree planting may be in written form.

d.

Tree replacement and protection. When trees required by this article die, they must be replaced during the next suitable planting season. Wheel stops, curbs or other barriers shall be provided where trees might otherwise be damaged by vehicles. Trees shall be allowed to grow to their natural height and form. Topping is prohibited of barrier or buffer trees.

e.

Variances. The Ellijay Zoning Board of Appeals may grant a variance from the requirements of this section for the preservation of existing trees or where unusual circumstances exist. A request for a variance must be submitted in writing and be accompanied by a landscape plan noting that which is proposed in lieu of complying with this chapter. Variance requests will be reviewed, denied or approved within 15 days of their receipt. Requests for a delay in complying with this section, due to poor weather conditions for planting, will be approved following written request. Certificates of occupancy will be issued upon the completing of planting or approval of a request for planting delay. Such requests for a delay will note the time frame during which the planting will be completed.

f.

[Violation.] Each tree removed in violation of this article shall be considered a separate and distinct violation of the City of Ellijay Zoning Ordinance subject to the remedies and penalties as set forth in Article 17 herein.

8.7-3.

Utility responsibility. Public and private utilities which install overhead and underground utilities including CATV installations, and water and sewer by or at the direction of all utility departments shall be required to accomplish all work on property subject to this article in accordance with the company's written pruning and trenching specifications or as mutually agreeable to the property owner and the utility. Written specifications shall have been first approved by the Ellijay City Council.

(Ord. No. 51704-A, § 1, 5-17-2004)

The following requirements apply to all multifamily developments and manufactured home parks:

8.8-1.

All buildings, structures, grounds and storage areas within the development shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the appropriate state regulatory authority.

8.8-2.

Lumber, pipe and other building material shall be stored at least one foot above the ground.

8.8-3.

Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

8.8-4.

The growth of brush, weeds, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Open areas shall be maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health.

Within a manufactured home park or a multifamily residential development, community service facilities such as cooking shelters, barbecue pits, fireplaces, wood-burning stoves, and incinerators shall be located, constructed, maintained and used to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

The location of free-standing communication towers may be permitted under the provision of this section. The intent of this section is to provide for the appropriate location and development of communication towers and antennae [antennas] to serve the residents and businesses of the City of Ellijay; minimize adverse visual impacts of towers and antennae [antennas] through careful design, siting, landscape and innovative camouflaging techniques; and to encourage and promote the location of new communication towers in areas which are not zoned for residential use.

8.10-1.

Height requirements. No antenna or tower shall exceed 150 feet in height. Antenna[s] and towers located in the office/restricted commercial (O/RC), general commercial (GC), or central business district (CBD) shall not exceed the following height limitations:

a.

For a single user, no more than 70 feet in height;

b.

For two users, no more than 100 feet in height; and

c.

For three users, no more than 150 feet in height.

8.10-2.

Rooftop-mounted antennas. Rooftop-mounted communications towers and antennas may be located on any nonresidential buildings and alternative tower structures in the City of Ellijay so long as:

a.

Such tower or antenna is set back from any existing or planned off-site residence and separated from any residentially zoned property at least a distance equal to two times the full height of the tower and antenna, but in no event less than 100 feet;

b.

The existing free-standing nonresidential structure other than a tower on which such tower or antenna will be placed is 50 feet in height or greater and the tower and antenna will add no more than 20 feet total to the height of said existing structure;

c.

No signs or illumination are permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the enforcement officer may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views; and

d.

The number and location of antennae, communication towers or other receiving or transmitting devices located on a single structure that is not excessive and does not adversely affect adjacent properties and views.

8.10-3.

Safety standards. To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Tower owners shall conduct periodic inspections of communication towers at least once every three years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in the State of Georgia.

8.10-4.

Regulatory compliance. All towers and antennae [antennas] must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate communications towers and antennae. If such standards and regulations are changed then the owners of the communications towers and antennae [antennas] [must bring the towers and antennas] into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Tower owners shall provide documentation showing that each communication tower is in compliance with all federal requirements. Evidence of compliance must be submitted every 12 months.

8.10-5.

Security. Communication towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anticlimbing device.

8.10-6.

Lighting. No illumination is permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of incompetent jurisdiction in which case the planning commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

8.10-7.

Advertising. No advertising is permitted on an antenna or tower.

8.10-8.

Visual impact.

a.

Towers shall either maintain a galvanized steel finish or subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual obtrusiveness.

b.

At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities [in] to the natural setting and built environment.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Towers clustered at the same site shall be of similar height and design.

e.

Towers shall be at a minimum height necessary to provide parity with existing similar tower supported antenna, and shall be free-standing where the negative visual effect is less than would be created by use of a guyed tower.

8.10-9.

Landscaping. Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property and shall be as follows:

a.

A buffer area no less than six feet wide shall commence at the property line.

b.

The buffer zone is to consist of materials of a variety which can be expected to grow to form a continuous hedge at least five feet in height within two years of planting.

c.

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff/maintenance.

d.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be replanted to replace that lost.

e.

In lieu of those standards, the enforcement officer may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes and/or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the planning commission.