Fulton City Zoning Code
ARTICLE V
Lot Area, Coverage and Height Regulations
§ 640-29 General regulations.
Regulations governing lot area and lot width, front, side and rear yards, building coverage and building height are as specified in Schedule A.[1] The regulations appearing in Schedule A are subject to the supplementary regulations of Article IV and additional regulations as follows.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 640-30 Additional area regulations.
A.
Lots of less than required dimensions.
(1)
Any lot with an area or a width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership at the time of the adoption of this chapter and the owner thereof owned no adjoining land that could be combined with said lot to meet the dimension requirements.
(2)
In the event that compliance with the yard and coverage requirements of the district would result in a residential structure of less width than 24 feet, the Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable utilization for a permitted use.
B.
Reduction of lot area. The minimum yards and open spaces, including lot area per family, required by this chapter for any building existing at the time of adoption of this chapter or for any building hereafter erected or structurally altered shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirements of this chapter.
C.
Corner lot. On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on such streets. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a zoning permit. The remaining side yard, if there be one, shall meet the minimum side yard requirements of Schedule A[1] contained herein. Nothing in this regulation shall be so interpreted as to reduce the building width of a corner lot facing an intersecting street and of record at the time of the passage of this chapter to less than 24 feet.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
D.
Front yard exceptions. The front yard of all buildings and structures hereafter constructed within a residence district shall not be less than the average front yard of all buildings in the block for a distance of 300 feet on each side of such building. An adjacent vacant lot shall be considered as having the minimum front yard required in the district for the purpose of computing such average front yard.
E.
Transition yard requirements.
(1)
Where two districts abut on the same street between two intersecting streets and the front yard requirements of the less restricted district are less than those of the more restricted district, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to the average of the required depth in the two districts.
(2)
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the district or in the more restricted district, whichever is greater.
F.
Projecting architectural features, terraces, porches, fire escapes.
(1)
The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
(2)
A paved patio or stoned terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, fences or other form of enclosure exceeding six feet in height.
(3)
In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches or porches which open at the side but are roofed shall be considered a part of the building.
(4)
An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line.
(5)
Unenclosed entrance steps of stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.
G.
Walls, fences and hedges. The yard requirements of this chapter shall not prohibit any necessary retaining wall, fence or hedge permitted by any City ordinance, provided that, in any residence district, such fence, wall or hedge shall be no closer to any front lot line than two feet and shall comply with visibility at street corners as provided in § 640-26C(3)(a).
§ 640-31 Additional height regulations.
A.
Chimneys, spires, etc. The height limitations of this chapter shall not apply to belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy, not to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level, not to flagpoles, monuments, transmission towers and cables, radio and television antenna or towers and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended.
B.
Through lots. On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.