This chapter shall be known as the zoning ordinance of the city.

(Code 1976, § 8-3001(b))

The mayor and councilmen of the city, pursuant to the provisions of the Zoning Procedures Law, as codified in O.C.G.A. § 36-66-1 et seq. do ordain and enact into law the sections of this chapter.

(Code 1976, § 8-3001(a))

This chapter shall govern the use of all land and the development thereof within the city.

(Code 1976, § 8-3001(c))

The purpose of this chapter shall be to encourage the most appropriate use of land, buildings and structures within the city and to promote the health and general welfare of the citizens of the city, and this chapter is enacted for the purpose of lessening congestion in the streets; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land and avoiding undue concentration of population; preventing urban sprawl; facilitating the adequate provision of transportation, water, sewerage, schools, parks, police and fire protection and other public requirements; promoting desirable living conditions and the sustained stability of neighborhoods; protecting property against blight and deterioration; securing economy in government expenditures; and conserving the value of buildings and land; and for other purposes.

(Code 1976, § 8-3001(d))

(a)

For purposes of this chapter:

(1)

The word "lot" includes the word "plot" or "parcel."

(2)

The word "building" includes the word "structure."

(3)

The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Adult day care center means a building in which is provided basic adult social and maintenance day care services to ambulatory adults, but not including rehabilitation services for the care of alcoholics, drug addicts, psychotics, or mentally ill patients. Except for the living quarters of the operators or workers, no overnight facilities or services are provided.

Alteration of building means any:

(1)

Change in the supporting members of a building such as walls, columns or girders, except such changes as may be required for its safety;

(2)

Addition to a building;

(3)

Change in the use of a building; or

(4)

Change in the location of a building.

Animal boarding place means one or more buildings designed or arranged for the boarding, breeding or care of dogs, cats and other animals for other than agricultural purposes, but not including stables.

Automobile service and repair means a building or lot, or both, in or upon which the business of general motor vehicle repair and service is conducted, but excluding a junk or auto wrecking business.

Automobile service station means a building or lot having pumps and storage tanks at which fuels, oils or accessories for the use of motor vehicles are dispensed, sold or offered for sale at retail, and where repair service is incidental.

Bed and breakfast establishments means a dwelling occupied by a family and used incidentally to provide overnight accommodation and meals to transient travelers, operated by an owner or designated operator-in residence, with a maximum number of rented units being six.

Boardinghouse and roominghouse mean a dwelling in which meals or lodging, or both, are furnished for compensation to more than three and less than ten nontransient persons.

Building means any structure, except a trailer, which has a roof and which is designed for the shelter, support or enclosure of persons, animals or property of any kind.

Building, accessory means a building on the same lot as the principal building in which is conducted a use which is customarily incidental and subordinate to the principal use. An unattached accessory building is an accessory building which does not share both a common wall and roofline with the principal building.

Building façade means that portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation fronting on a public street, excluding alleys and lanes, and which may also be referred to as the building face.

Building, principal means a building housing the principal use on a lot.

Business office, temporary means any building, mobile or immobile, that will be used for conducting business prior to establishing permanent business facilities. Such facilities may be a mobile office trailer or a temporary structure, which shall be inspected and approved as being adequately safe, and which shall contain no facilities for sleeping and cooking.

Car area means the total area of a lot or tract of land used for automotive trafficways and maneuvering, loading and unloading areas, and detached carports or parking areas whether covered or uncovered, but excluding garages or carports attached to or enclosed within a residential building on the lot or tract of land.

Care home means a rest home, nursing home, convalescent home, boarding home for the aged or similar use established to render domiciliary care for chronic or convalescent patients, but not including facilities for the care of feebleminded or mental patients, epileptics, alcoholics, senile persons, psychotics or drug addicts.

Child care center means a building and an outdoor area designed or altered and used for the care and instruction of two or more children, excluding members of the family occupying the premises, for any part of any day, and operated on a regular basis.

Container yard means a facility for the storage of freight containers.

Day nursery and kindergarten mean a building designed or altered and intended to be used for the daytime care or instruction of two or more preschool children, and operated on a regular basis.

Dwelling means a building or portion thereof arranged or designed to provide complete housekeeping facilities for one or more families.

Dwelling, multifamily means a dwelling containing three or more dwelling units.

Dwelling, one-family means a dwelling containing one dwelling unit only.

Dwelling, two-family means a dwelling containing two dwelling units only.

Dwelling unit means one or more rooms designed as a unit to provide complete housekeeping facilities for one or more persons living as a single housekeeping unit or family.

Employee housing accommodations means a building or space within a building used and maintained by a business establishment for the purpose of providing living quarters for the establishment's work force who are not members of the same family.

Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over six persons. Domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. In addition, a related family may have up to two unrelated individuals living with them. The term "family" does not include any organization or institutional group.

Family adult care center means a residential dwelling in which is provided basis adult social and maintenance day care services to six or fewer ambulatory adults, but not including rehabilitation services for the care of alcoholics, drug addicts, psychotics, or mentally ill patients. Except for the living quarters of the operator or owner, no overnight facilities or services are provided.

Floor area, gross means the total number of square feet of floor area in a building, determined by horizontal measurements between the exterior faces of walls, including any basement area used for storage of goods, equipment and vehicles.

Group development project means two or more buildings on a single lot of record utilized for and/or occupied by similar and/or compatible land uses permitted within the zoning district the subject buildings are situated upon. Such group of buildings shall be subject to the standards of section 90-48 herein.

Group home for disabled persons means a residential use or facility, located in a single-family dwelling, where non-related persons with a disability recognized by the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq., and the Fair Housing Act, 42 U.S.C. Section 3601 et seq., may live together in a residential setting, free from discrimination and local governmental rules, policies, practices, or services, except as would constitute a direct threat to the health and safety of the occupants or other individuals. Such term would include a facility that provides counseling and peer group support for individuals who have successfully completed a treatment program at a rehabilitation center for alcohol or drug addiction and are transitioning back into the community.

Halfway house means a residential use of facility with a structural living environment for persons learning to adjust to society after being imprisoned.

Height of building means the vertical distance measured from the mean finished ground level adjoining the building to the highest point of the roof.

Home occupation means an occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, products or services produced on the premises, conducted entirely within a dwelling unit, and conducted entirely by members of the immediate family residing in the dwelling unit with equipment customarily found and used in the home for household purposes, and may include the boarding of not more than two nontransient guests.

Hotel or motel means one or more buildings containing guest rooms or suites of rooms, in which lodging, with or without meals, is provided and offered to the public for compensation, and which is open primarily to transient guests, as distinguished from a residence hall in which occupancy is generally by residents rather than transients.

Internet café means any place including but not limited to; computer arcades, computer lounges, cyber arcades, internet arcades, internet related businesses, internet workstation stores, on-site computer rentals, and PC arcades, where the primary purpose of the business is devoted to the rental or charge for use of computers, or a port connection for a portable computer, to have access to the internet system.

Intensive industrial use shall mean any uses permitted by right or with approval from the board of appeals which is not also permitted in a non-industrial zoning classification.

Lot means a tract of land which has been made a lot of record and which has both a lot area and a lot width which are equal to or greater than the lot width and lot area requirements which have been established by this chapter or pursuant to this chapter for the zoning district in which such tract of land is located for the use proposed for the tract of land.

Lot, corner means a lot having frontage on two or more public streets at their intersection.

Lot, through means a lot having frontage on two streets which are approximately parallel.

Lot width means the horizontal distance between the side lot lines of a lot, measured at the building line.

Lumber logistics and shipping means the process of receiving, weighing, treating, storing, and maintaining logs that are to be distributed or shipped to out-of-state or out-of-country locations, and loading logs into container units for such transportation and shipping to out-of-state or out-of-country locations.

Manufactured home means a detached single-family dwelling unit designed for longterm occupancy, designed to be transported after fabrication on wheels, and arriving at the site where it is to be occupied as a dwelling unit.

Manufactured home park means any lot, parcel or tract of land, together with open spaces required by this chapter, used, designed, maintained or held to accommodate two or more manufactured homes, including all buildings.

Manufactured home parking space means the space required to park one residential trailer with facilities provided for water and sewer attachments, electrical attachments and other appropriate facilities.

Manufactured home stand means that part of an individual lot which has been reserved for the placement of one manufactured home unit.

Metal salvage yard means any commercial activity whose basic function is the collection and storage of metals, from any source or in any form, for the purpose of reclaiming metals for reprocessing as bulk material.

Modular structure means a factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure and placed on a permanent foundation. The term "modular" applies to major assemblies, and may or may not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.

Motor vehicle salvage yard means any commercial activity whose basic function is the collection and storage of automobiles, whether wrecked or in any other physical condition, for the purpose of reclaiming parts therefrom for reuse.

Net density means the number of dwelling units permitted per acre of net residential land area.

Net residential land area means any portion of lot area reserved for or intended to be used for residential buildings, open space, recreation space and similar accessory uses, excluding areas devoted to streets, driveways, parking and loading facilities and similar uses or structures. Net residential land area shall be further defined as the difference of gross land area less car area and any area devoted to nonresidential uses or structures, offices, institutional uses, commercial uses and similar uses.

Parking space means the space required to park one automobile, which shall be a minimum of nine feet wide and 18 feet long, exclusive of passageways.

Personal care home means a residential use or facility located in a single-family dwelling, whether operated for profit or not, which undertakes through its ownership or management, for compensation, to provide personal services, protective care and oversight of ambulatory, non-related persons who need a monitored environment, but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal services include, but are not limited to, individual assistance with or supervision of nutrition, self-administered medication, and essential activities of daily living such as bathing, grooming, dressing, and toileting, and provision of transient medical care. Personal care homes may include those facilities which monitor residents' daily functioning and location and have the capability for crisis intervention. Such term does not include:

(1)

Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals;

(2)

Boarding facilities which do not provide personal care;

(3)

Group homes for disabled persons, as defined by the Fair Housing Act amendments of 1988, 42 U.S.C. Section 3601, et seq.;

(4)

Facilities which provide personal care to persons using or addicted to either alcohol or controlled substances;

(5)

Facilities for persons whose residency may constitute a direct threat to the health or safety of other individuals or whose tendency would result in substantial physical damage to the property of others; or,

(6)

Work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration.

Pharmacy means a building or part of a building used or intended to be used for the specific purpose of preparing, compounding and dispensing medicines or medications and personal hygiene needs.

Private sewerage means the treatment of sewage in septic tanks and disposal of the treated matter by absorption fields.

Private sewerage, individual means the treatment of sewage by onsite disposal for one lot only.

Private street means any street or road which is platted, but not reserved or dedicated to or accepted by the city, and whose use is restricted by notice of sign or by a gate, barrier or other device intended to exclude the general public, or which is identified as private on a recorded subdivision plat.

Private water, individual means the supply of water by means of a well to one lot only.

Public sewerage means a sewer system that is owned, maintained and operated by a unit of local government.

Public use means buildings, structures and uses of land owned, operated and maintained by a governmental unit or governmental agencies, including but not restricted to public schools, fire stations, recreation sites and facilities and water treatment facilities.

Public utility includes only pipelines, power transmission lines, telephone and telegraph lines and railroad tracks, but not a railroad yard, and such related public utility structures or stations necessary for the installation and maintenance of utility services.

Public water means a water system that is owned, maintained and operated by a unit of local government.

Recycling collection center means a building which is used for the collection and temporary storage of glass, brass, copper, aluminum, paper, cloth, and plastic products that are collected for shipment to a recycling processing center.

Rehabilitation center means a facility (residential or non-residential) providing rehabilitation, treatment, counselling, or assessment and evaluation services related to alcohol and drug abuse. The term shall not apply to occupational or physical rehabilitation of any person.

Restaurant, drive-in means a restaurant where service may be obtained while remaining in one's automobile.

Restaurant, fast food means an establishment whose principal business is the sale of food or beverages in a ready-to-consume state for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carryout orders, and whose principal method of operation includes the characteristic that food or beverages are usually served in edible containers or in paper, plastic or other disposable containers.

Restaurant, standard means an establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics:

(1)

Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed.

(2)

The establishment is a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

Salvage yard means any commercial activity whose basic function is the collection and storage of materials for the purpose of reclaiming usable parts for reuse. The dismantling and wrecking of stored materials shall distinguish this use from a storage yard.

Shopping center means a group of commercial establishments planned, constructed and managed as a unit with offstreet parking and loading facilities provided on the property, and related in location, size and type of shops to the trade area which the unit serves.

Short-term rental means one or more dwelling units, including either a single-family home, duplex, or single multi-family residential unit rented not more than 30 consecutive nights.

Sign means any structure or part thereof or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark or other representation used as or in the nature of an announcement, advertisement, directory or designation of any person, group, organization, place, commodity, product, service, business, profession, enterprise or industry, which is located upon any land or any building or upon a window. The flag, emblem or other insignia of a nation, governmental unit or educational, charitable or religious group shall not be included within the meaning of this definition. For the purpose of this chapter, sign types shall be identified as follows:

(1)

Bus stop bench sign means any sign not exceeding 22 square feet printed or fixed on a bench or seat located at a bus stop as designated by the Chatham Area Transit Authority or the Savannah-Chatham Board of Public Education.

(2)

Temporary sign means a display, informational sign, banner or other advertisement device with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display, including real estate signs, accessory temporary window or display case signs, and decorative displays for holidays or public demonstrations.

(3)

Facia sign means a single-face sign which is in any manner attached or fixed flat to an exterior wall of a building or structure, provided the sign does not project more than 15 inches from the wall. Individual letters, in addition to the box-type sign (i.e., letters and symbols on an attached backing), may also be installed as a facia sign.

(4)

Freestanding sign means a sign supported by one or more upright poles, columns or braces placed in or upon the ground surface, and not attached to any building or structure.

(5)

Illuminated sign means a sign illuminated directly or indirectly by gas, electricity or other artificial light, including reflective or fluorescent light.

(6)

Canopy sign means a sign attached or applied to or below a canopy, awning or other roof-like structure.

(7)

Double-faced sign means a sign more than one side of which is visible. A "V" sign shall be considered a double-faced sign providing the least angle of intersection does not exceed 90 degrees.

(8)

Portable sign means a freestanding sign, with or without wheels, not permanently anchored or secured to either a building or to the ground.

(9)

Projecting sign means a double-faced sign end-mounted to an exterior wall of a building or structure and which projects out from the wall.

(10)

Roof-mounted sign means a sign erected wholly upon or above a roof of any building. Such signs shall not extend above the peak of the roof, nor shall any sign attached to the facade of a building extend more than four feet above the roofline or parapet.

(11)

Single-face sign means a sign only one side of which is visible.

(12)

Marquee sign means a sign with a changeable message board announcing an attraction or event or other information.

(13)

Wall sign means any sign that is affixed to the wall or printed on the wall of any building. Any sign that is affixed to the face of a building marquee, building awning or building canopy shall be considered a wall sign.

Sign area means the entire face of a sign and all wall work, including illumination tubing incidental to this decoration. In the case of an open sign made up of individual letters, figures or designs attached directly to the building, the space between such letters, figures or designs shall not be included as part of the sign area.

Sign clearance means the vertical distance from the established finished grade of the sidewalk to the lower edge of a sign.

Sign copy area means the sum of the area of the words or numbers included in the sign copy, inclusive of pictorials, trademarks or other advertising symbols.

Sign display area means the total area upon which sign copy may be placed. In computing the total display area of the sign, mathematical formulas or geometric shapes formed by straight lines drawn closest to the extremities of the sign, excluding any framing or support structure, ornament or other embellishments, shall be used.

Sign uses means purposes for which signs may be erected. These uses are as follows:

(1)

Bulletin board means any sign erected by a charitable, educational or religious institution or a public body, not to exceed 15 square feet, which is erected upon the same property as the institution for purposes of announcing events which are held on the premises.

(2)

Development sign means a temporary construction sign denoting the architect, engineer, contractor, subcontractor, financier or sponsor of a development, which may also designate the future occupant or use of the development. Such a sign shall not exceed 16 square feet when located within any R zoning district, or shall not exceed 32 square feet when located within zoning districts which are not designated as residential districts, unless specifically permitted to be larger based on state or federal legislative or administrative requirements. All such signs shall be removed from the site within seven days after completion of the project.

(3)

Directional sign means a sign containing information relative to the location, distance to, entrance to and exit from structures or land use activities. Such a sign shall be located on private property and shall bear no advertising matter except the logo or name of the use. Such sign shall not exceed ten square feet per sign face and shall not be more than five feet high. Such signs that refer to the location of churches or other places of public worship may be located in city rights-of-way with the approval of the city administrator.

(4)

Announcement sign means a single-face nonilluminated professional or announcement sign, not exceeding four square feet in area, and attached wholly to a building, window or door. Where such sign only includes emergency information, business hours, credit cards honored and other accessory information, it shall be known as an incidental use sign.

(5)

Principal use sign means a sign which identifies or advertises a profession, principal land use activity or service occupying or available on the premises upon which such sign is located.

(6)

Outdoor advertising or separate use sign means an off-premises sign which advertises or directs attention to businesses, products, services or establishments not usually conducted on the premises on which the sign is located.

(7)

Public information sign means a sign containing emergency or legal notices, regulatory information or historical data of interest to the general public.

(8)

Supplemental identification sign means a nonilluminated principal use wall sign, not exceeding 12 square feet in area, and attached wholly to a building.

(9)

Building identification sign means a facia sign used to identify or indicate the name of a building.

(10)

Directory sign. Directory signs shall be permitted to identify residential subdivisions, multiuse activities within shopping centers, office complexes or apartment buildings, provided that:

a.

One such sign shall be permitted for the first 200 feet of frontage or a fraction thereof and one additional such sign shall be permitted for every additional 200 feet of frontage contained in the development.

b.

Directory signs shall not exceed two square feet of sign area per linear foot of frontage occupied by the development, or 350 square feet, whichever is less.

c.

Except in R zoning districts, the combined area of any such sign shall not exceed an area of 100 square feet per sign face. Within R zoning districts, such sign shall not exceed an area of 30 square feet per sign face.

d.

A maximum of one sign per establishment or use shall be permitted per directory sign face, in addition to the name of the overall development.

(11)

Public service sign means a sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, horse show or similar event, when conducted by a public agency or for the benefit of any civic or charitable cause, or a sign of any political party or announcing the candidacy of any individual for any nomination.

Signable area means the area of the facade of a building up to the roofline, free of windows and doors.

Storage yard means any commercial activity whose basic function is the collection and storage of materials outside of an enclosed building. Such item does not include container storage.

Street means a public or private roadway, open to general public use and having a pavement or roadbed width of not less than 26 feet, which affords the principal means of access to abutting property. Streets are divided into five classes: major arterial, secondary arterial, collector, minor and marginal access, and private street. These classes are defined below. GDOT equivalent classifications are provided in parenthesis where appropriate.

(1)

Major arterial (urban principal arterial) means a street or highway that serves urbanized areas and provides the highest level of service at the greatest speed for the longest uninterrupted distance, generally with some degree of access control.

(2)

Secondary arterial (urban minor arterial) means any arterial facility not classified as a major arterial that places greater emphasis on land access than major arterials and offers a lower level of traffic mobility. A secondary arterial interconnects with, and augments, the major arterial system. It provides service to trips of moderate length at a somewhat lower level of travel mobility and distributes travel to smaller areas than those of major arterials. Secondary arterials may carry local bus routes and provide intra-community continuity, but ideally they should not penetrate identifiable neighborhoods.

(3)

Collector (collector street) means a street that provides both land access service and traffic circulation within residential neighborhoods, commercial or industrial areas. It differs from the arterial system in that facilities on a collector system may penetrate residential neighborhoods or commercial developments, distributing trips from the arterials through the area to the ultimate destination. The collector street also collects traffic from local streets in residential neighborhoods and channels it into the arterial system.

(4)

Minor and marginal access (local street) means a street that provides direct access to abutting land and access to higher systems. It offers the lowest level of mobility and usually contains no bus routes. Service to through traffic movement in this system is usually deliberately discouraged.

(5)

Private street means any street or road which is platted, but not reserved or dedicated to or accepted by the city, and whose use is restricted by notice of sign or by a gate, barrier or other device intended to exclude the general public, or which is identified as private on a recorded subdivision plat. It typically does not provide through access and is not maintained by any government agency.

The city's public rights-of-way have been assigned the following street classifications:

Street, opened. A street or road shall be deemed to be opened if it either:

(1)

Was available for public use prior to the adoption of the ordinance from which this section derives; or

(2)

Was constructed to city specifications following the adoption of the ordinance from which this section derives.

Street, unopened. A street or road or any part thereof shall be deemed to be unopened if it is not cleared, graded and available for public use.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having a location on the ground.

Temporary labor employment center means a building used to assemble persons applying for temporary day labor work.

Trailer means a vehicle with or without its own motive power, which is mounted on wheels or is designed to be so mounted and transported.

Trailer, camper means a trailer designed or used specifically as a recreation unit and not used as a permanent residence, with an overall length not exceeding 30 feet.

Truck parking lot means an off-street parking area not accessory to a principal use intended for parking of commercial trucks, including tractor trucks. Containers are not permitted.

Truck stop means a combination of uses housed under a single structure and designed as a service center to accommodate the needs of truckers. Such uses may include gas pumps, service areas, restaurants, minor vehicle repair, overnight motels and other uses related to truckers.

Truck terminal means a facility used for the purposes of truck assembly or dispatching, which may also include the loading and off-loading of trucks and the storage or handling of goods and materials and major repair and service of trucks.

Use, accessory means:

(1)

A temporary use of a building established in connection with a construction project or real estate development, excluding facilities for sleeping or cooking.

(2)

A use of a building customarily incidental and subordinate to the principal use of building on a lot and located on the same lot with such principal use or building.

Use, principal means the principal purpose for which a lot or the main building thereon is designed, arranged or intended, and for which it is or may be used, occupied or maintained in accordance with the provisions of this chapter.

Wood chipping/shredding and mulching means the process of grinding vegetation by the use of machinery at a permanent location which operates at high speeds and generates noise. Use of the end product may be for agricultural application, soil amendments, fuel for co-generation plants, or for habitat preservation or slope stabilization.

Yard means an open space on a lot situated between the principal building on such lot and the lot line of such lot or situated between the principal building on such lot and the centerline of an abutting street right-of-way. In measuring a yard for determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line or the street right-of-way centerline and the principal building on the lot shall be used.

Yard, front means a yard extending across the front of a lot from side lot line to side lot line and lying between the centerline of the abutting street right-of-way and the principal building on the lot.

Yard, rear means a yard extending across the rear of a lot from side lot line to side lot line and lying between the rear property line and the principal building on the lot.

Yard, side means a yard extending along either side of a lot between the front and rear yard and lying between the side lot line and the principal building on a lot.

(Code 1976, § 8-3001; Ord. of 3-19-84(1), § 1; Ord. of 1-7-85, § 1; Ord. of 12-7-87, § 1; Ord. of 7-17-89, § 1; Ord. of 9-16-91, § 1; Ord. of 10-2-95, § 1; Ord. of 9-16-96(1), § 1; Ord. No. 2001-5, § 1, 8-20-01; Ord. No. 2004-6, § 1, 4-5-04; Ord. of 8-21-06, § 1; Ord. No. 2004-22, § 1, 9-18-06; Ord. No. 2006-7, § 1, 9-18-06; Ord. No. 2011-16, § 3, 10-3-11; Ord. No. 2013-4, § 1, 6-17-13; Ord. No. 2018-3, § 1, 5-7-18; Ord. No. 2020-08, § 1, 8-17-20; Ord. No. 2021-11, § 1, 11-1-21; Ord. No. 2023-01, § 1, 1-17-23; Ord. No. 2023-03, § 1, 1-17-23; Ord. No. 2024-06, §§ 3, 5, 8-19-24)

Cross reference— Definitions and rules of construction generally, § 1-2.

Whenever the regulations of this chapter require a greater lot width or a greater size of yards or a larger size of lot, or impose other more restrictive standards than are required in or under any other statute or ordinance, then the requirements of this chapter shall govern. Whenever the provisions of any other statute or ordinance require more restrictive standards than are required by this chapter, then the provisions of such statute or ordinance shall govern.

(Code 1976, § 8-3030(a))

In interpreting and applying the regulations of this chapter, the requirements contained in this chapter are declared to be the minimum requirements necessary to carry out the purpose of this chapter. Except as provided in this chapter, this chapter shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easement, covenant or other agreement between parties. Whenever the provisions of this chapter impose greater restrictions upon the use of land or buildings or upon the height of buildings, or require a larger percentage of lot to be left unoccupied, than the provisions of other ordinances, rules, regulations or permits or any easement, covenant or other agreement between parties, the provisions of this chapter shall govern.

(Code 1976, § 8-3003(a); Ord. of 3-19-84(1), § 1)

No land, building or structure shall be used, no building or structure shall be erected, and no existing building or structure shall be moved, added to, enlarged or altered except in conformity with this chapter.

(Code 1976, § 8-3003(b); Ord. of 3-19-84(1), § 1)

Any use of a building or structure or land existing at the time of the enactment or subsequent amendment of this chapter but not in conformity with use regulations of the district in which it is located may be continued with the following limitations. Such use shall not be:

(1)

Changed to another nonconforming use.

(2)

Extended so as to occupy a greater area of land, building or structure, unless first approved by the board of appeals.

(3)

Reestablished after being discontinued for a period of one year.

(Code 1976, § 8-3003(c); Ord. of 3-19-84(1), § 1)

Every principal building established shall be located upon a lot as defined in this chapter, and, except as otherwise provided in this chapter, there shall be no more than one principal building upon any lot, with the exception of group development projects as provided for under section 90-102. If the principal building upon a lot is a residence which is maintained as a nonconforming use, then no conforming commercial use shall also be established or maintained upon that lot, except as may be approved by the board of zoning appeals. If the principal use upon a lot is a conforming commercial use, no nonconforming residential use may also be maintained upon that lot, except as may be approved by the board of appeals.

(Code 1976, § 8-3003(d); Ord. of 3-19-84(1), § 1)

No building shall hereafter be erected on a lot which does not abut a publicly dedicated, publicly approved or publicly maintained street.

(Code 1976, § 8-3003(e); Ord. of 3-19-84(1), § 1)

A lot which is occupied by a building or structure shall not be reduced or changed in size so that the total area, lot width, front, side or rear setbacks, lot area per dwelling unit, area required to maintain proper building coverage or other dimensions, areas or open spaces required by this chapter are not maintained, unless such reduction is needed to provide land for public use. When two or more lots of record have been occupied by a building or structure as a single building site, and such building site has an area and a width equal to or less than the area and width required for lots for the zoning district in which such building site is located, then the area and width of such building site shall not be reduced except where such reduction is needed to provide land for a public purpose. The board of appeals shall not be authorized to vary this requirement. A lot shall not be divided so as to produce a tract of land which does not comply with the width and area requirements for a lot in the zoning district in which such lot is located, unless the tract of land is combined with other land to produce a conforming lot, or unless the tract of land is needed and is accepted for public use.

(Code 1976, § 8-3003(f); Ord. of 3-19-84(1), § 1)

No yard shall be encroached upon or reduced in any manner, except in conformity with this chapter. No yard for one principal building shall be considered as a yard for any other principal building, and no yard on one lot shall be considered as a yard for a principal building on another lot. Shrubbery, driveways, retaining walls, fences, curbs and planted buffer strips shall be constructed so as not to be encroachments on yards.

(Code 1976, § 8-3003(g); Ord. of 3-19-84(1), § 1)

Accessory buildings shall conform to the following requirements:

(1)

Location, number, size, height, and setback of accessory buildings on residential lots.

a.

An accessory structure shall be located on the same lot as the principal residence structure to which it is accessory.

b.

No accessory structure shall be constructed upon a lot until construction of the principal residence structure has commenced.

c.

An accessory structure shall not be permitted in a front or side yard, excepting basketball goals which are attached to the principal residence structure or erected adjacent to and abutting the driveway of the principal residence structure where the driveway area is utilized as court play area for the goal.

d.

No more than three accessory buildings or structures unattached to the principal residence structure shall be permitted.

e.

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

f.

No unattached accessory building or structure may exceed the height of the primary dwelling on the lot.

g.

No accessory structure shall be located closer than five feet to a side or rear lot line if the structure is located 20 feet or more to the rear of the principal residence structure.

h.

An accessory structure located closer than 20 feet to the principal residence structure shall comply with the yard requirements of the principal residence structure to which it is accessory.

i.

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 residence structure 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.

j.

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

k.

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.

l.

Accessory buildings shall not exceed the following accumulative areas:

Property Size Accumulative Area

m.

Recreational accessory structures incidental to primary use residences shall be limited to swimming pools, tennis courts, basketball goals, and handball or racquetball courts.

n.

The board of appeals shall be authorized to vary the above mentioned restrictions on an individual case by case basis pursuant to the criteria set forth in section 90-213(3) of the Code.

(2)

Nonresidential lots. Accessory buildings on nonresidential lots shall comply with front, side and rear yard requirements established for the zoning district in which such accessory buildings are located.

(3)

Temporary construction buildings. A temporary building established in connection with a construction project or real estate development shall be permitted any place on a lot, provided such building shall comply with the front, rear and side yard requirements established for the zoning district in which such building is located.

(Code 1976, § 8-3003(h); Ord. of 3-19-84(1), § 1; Ord. of 5-7-90(2), § 1; Ord. of 9-16-91, § 2; Ord. of 4-19-93, § 1; Ord. of 10-5-98(2), § 1)

Any building constructed on a lot having a frontage on two or more streets shall be so located as to comply with the regulations governing the front yard setbacks on all the streets on which such lot has frontage. Side yard setbacks shall be subject to approval of the board of appeals.

(Code 1976, § 8-3003(i); Ord. of 3-19-84(1), § 1)

No building, structure, service area or offstreet parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.

(Code 1976, § 8-3003(j); Ord. of 3-19-84(1), § 1)

When a C or I district boundary abuts an R district boundary and such boundary is not a street, then the C or I district uses located along the boundary shall provide a visual buffer of not less than six feet in height but not more than eight feet in height along such boundary. The buffer shall consist of treated board fence. Such buffer shall comply with the front yard setback requirements for the adjoining R district.

(Code 1976, § 8-3003(k); Ord. of 3-19-84(1), § 1)

(a)

Modular structures may be used for the purpose of conducting business by obtaining a temporary permit from City Hall, which will be valid for a period of six months only, provided such temporary business office shall comply with the front, rear and side yard requirements and other provisions established for the zoning district in which such building is located. The temporary permit may be extended for up to 18 months upon approval of the building official.

(b)

The holder of the temporary permit shall submit to the building official, within 60 days of the issuance of the temporary permit, detailed plans and specifications and a plot plan for the structure(s) constituting the permanent business facilities in conformance with section 90-75. If such plans and specifications are not submitted within the 60-day period, the temporary permit shall become automatically null and void. If any temporary business is to be used as a permanent facility, then the following steps shall be taken:

(1)

Submit complete plans and specifications to the building official including an architectural view of front and side elevations, such plans and specifications conforming to all zoning regulations for the zoning district in which such structure is located and conform to all other ordinances and regulations of the city.

(2)

Such plans and specifications must be approved by the building official and city council before such structure may be classified as permanent.

(Code 1976, § 8-3003(1); Ord. of 3-19-84(1); Ord. No. 2023-03, § 2, 1-17-23)

During periods of emergency declared by the city manager or his/her designee pursuant to the provisions of this Code as the result of natural or manmade disasters, temporary mobile home parks may be located on property approved by the mayor and council in any zoning district in the city. The parks must be designed by an engineer and plans must be approved by the Chatham County Health Department as well as the city's building inspector and public works department. Permits may be issued by the city's building inspector to establish a temporary mobile home park.

(Ord. of 6-16-97(2), § 1; Ord. No. 2018-14, § 2, 12-3-19)

In residentially zoned districts of the city, clotheslines may only be located in rear yards as defined in section 9-5.

(Ord. of 2-16-98(5), § 1)

Ongoing vehicle sales from residential properties are prohibited. The sale of a vehicle from a residence is permitted when the vehicle is titled to the owner or occupant of the property, is parked on an improved surface such as a driveway and is not being sold in connection with a business. Only three vehicles can be displayed for sale from the same residence within a 12-month period and only one vehicle can be displayed for sale at one time.

(Ord. No. 2011-17, § 1, 10-3-11)

(a)

Any person in any zoning district desiring to use a portable storage unit shall comply with the following conditions and limitations:

(1)

Prior to the placement of a portable storage unit on a lot, the property owner shall apply for and obtain a portable storage unit permit from the director of planning and economic development, or his/her designee, for a fee established by mayor and council.

(2)

No more than one portable storage unit shall be approved for any residential property at any one time except in the case of multi-family dwellings for which one portable storage unit may be permitted for each dwelling unit.

(3)

All locations for the placement of portable storage units must be paved off-street surfaces. Portable storage units shall only be placed in the property owner's driveway or a parking area or, if access exists at the side or rear of the site, the side or rear yard. The required parking spaces on a lot shall at all times be maintained if portable storage units are placed in parking areas. No portable storage unit may be placed within an easement, stormwater area, or required buffer.

(4)

No person shall place a portable storage unit upon their property for more than 30 days. An extension may be requested in writing to the director of planning and economic development, or his/her designee, for no more than 15 days provided good cause is shown. The extension of a permit will cost a fee established by mayor and council for the additional days granted.

(5)

Each lot shall be limited to a maximum of two 30-day permits within any 12-month period.

(6)

No portable storage unit shall exceed 160 square feet in area and ten feet in height.

(7)

On residentially zoned lots, portable storage units shall be set back a minimum of ten feet from the front property line, a minimum of five feet from the side and rear property lines, and a minimum of five feet from all other structures on the property.

(8)

Portable storage units shall not encroach on public property or public rights-of-way.

(9)

No mechanical, plumbing or electrical installations or connections are to be made to a portable storage unit.

(10)

Storage materials in a portable storage unit shall be non-toxic, non-flammable, and non-offensive in nature.

(11)

No persons shall conduct business or sell merchandise or property from a portable storage unit.

(12)

No portable storage unit shall be occupied as a dwelling or office/business location.

(13)

A portable storage unit shall have clearly posted on its exterior a copy of the current permit issued for it and the date when it was placed at the site.

(14)

The conditional permit approval for the portable storage unit may be revoked by the director of planning and economic development at any time should the property owner's utilization of such portable storage unit result in unsafe or unsanitary conditions on the site or upon violation of any of the conditions or limitations stated herein. All portable storage units shall be maintained free from evidence of deterioration, weathering, discoloration, graffiti, ruts, ripping, tearing or other holes or breaks.

(Ord. No. 2015-6, § 1, 7-20-15)