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Gilmer City Zoning Code

ARTICLE XIII

- SPECIAL PROVISIONS

Sec. 50-373. - Purpose.

The purpose of this article is to establish standards and considerations in order to achieve the maximum compatibility of the listed uses in this article with their immediate and general settings.

(Zoning Ord. 1999, § 15-1)

Sec. 50-374. - Accessory structures.

Detached accessory structures shall be at least five feet from any principal structure on the same lot within residential districts, and shall be considered in the calculating of the total coverage.

(Zoning Ord. 1999, § 15-2)

Sec. 50-375. - Cemeteries and mausoleums.

In addition to the requirements applicable to cemeteries and mausoleums other such similar uses within the districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements.

a.

Minimum parcel size. The minimum parcel size for cemeteries or mausoleums shall not be less than ten acres.

b.

Minimum yard setbacks. No part of any crypt, mausoleum, or other building, other than a subterranean grave, shall be less than 50 feet from the nearest lot line.

c.

Parcel coverage. Crypts, mausoleums or other structures, other than monuments, shall together not occupy more than ten percent of the total area.

(2)

Buffering and screening. A continuous screening device shall be provided and maintained along all boundary lines separating cemeteries from any contiguous land.

(Zoning Ord. 1999, § 15-3)

Sec. 50-376. - Child day care centers.

In addition to the requirements applicable to child day care centers within districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements.

a.

Minimum lot area. The minimum lot area shall not be less than 10,000 square feet or shall be in compliance with state law.

b.

Minimum lot width. The minimum lot width at the property line shall not be less than 100 feet.

Minimum yard setbacks
Front 25 feet
Side, interior 10 feet
Side, street 15 feet
Rear 20 feet
Maximum building height of principal structure 35 feet
Maximum lot coverage 30 percent

 

c.

Minimum outdoor play area. There shall be provided a minimum of not less than 60 square feet of outdoor play area per child. Said play area shall be provided on the same lot as the principal use, and shall not be located in the required front yard.

(2)

Buffering and screening.

a.

There shall be a fence six feet in height surrounding all play areas. Such fencing shall be continuous with latching gates at exit and entrance points. The fencing may be of masonry construction, chain-link or wood.

b.

In the case of special exceptions, the board of adjustment may require that plantings be placed on the outside of the above required fencing required in subsection (2)a of this section and may also require that such fencing areas be set back from any property line.

(Zoning Ord. 1999, § 15-4)

Sec. 50-377. - Churches and other houses of worship.

In addition to the requirements applicable to churches and other houses of worship within the districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements.

Minimum lot area 1 acre
Minimum lot width 100 feet
Minimum yard setbacks 35 feet
Maximum building height of principal structure, excluding church spire 35 feet
Maximum lot coverage 25 percent

 

(2)

Access. All ingress and egress points shall be to or from arterials.

(Zoning Ord. 1999, § 15-5)

Sec. 50-378. - Funeral homes and mortuaries.

In addition to the requirements applicable to funeral homes and mortuaries within the districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements.

Minimum lot area 1 acre
Minimum lot width 100 feet
Minimum yard setbacks 35 feet
Maximum building height of principal structure 35 feet
Maximum lot coverage 30 percent

 

(2)

Access. All ingress and egress points shall be to or from arterials.

(3)

Buffering and screening. All such operations including the loading and unloading facilities shall be screened from abutting properties.

(Zoning Ord. 1999, § 15-6)

Sec. 50-379. - Gasoline service stations and car washes.

In addition to the requirements applicable to gasoline service stations and car washes within the districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Gasoline service stations.

a.

Minimum lot area. The minimum lot area to be occupied by a gasoline service station shall not be less than 12,000 square feet with a lot frontage of not less than 100 feet.

b.

Minimum pump setback. All fuel pumps and pump islands shall be set back a minimum distance of at least 15 feet from any street right-of-way line, property line or buffer strip.

c.

Permitted uses.

1.

Automobiles, trucks, luggage carriers, boats, trailers, but not including wrecks thereof, may be parked on the premises, only within a totally enclosed building.

2.

Minor adjustments or repairs to automobiles, trucks, trailers, or other vehicles which do not require body work, painting, or removal of engines from frames or dismantling of differentials shall be permitted. Major adjustments or repairs at service stations shall only be permitted within zoning districts where such is so specified.

3.

Retail sale of:

(i)

Minor automobile parts and accessories, gasoline, diesel fuel, kerosene, lubricating oils and greases;

(ii)

Articles dispensed by vending machines providing such vending machines are located under the roof of the principal structure.

d.

Outdoor storage. No permanent outdoor storage of materials or products shall be permitted.

e.

Repair facilities. No lift or repair facilities shall be located outside of the principal structure.

(2)

Car washes.

a.

Minimum lot area. The minimum lot area to be occupied by a car wash containing either one conveyor belt washing stall or four or less self-service or automatic washing stalls shall not be less than 15,000 square feet with a lot frontage of not less than 100 feet. For each additional washing stall over one or four, as the case may be, an additional 2,000 square feet shall be added to the minimum lot requirement.

b.

Compliance with other regulations. Except as provided for in subsection (2)a of this section, all car washes shall comply with the regulations of subsection (1) of this section.

(Zoning Ord. 1999, § 15-7)

Sec. 50-380. - Hospitals and clinics.

In addition to the requirements applicable to hospitals and clinics within districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Hospitals.

a.

Dimensional requirements.

Minimum lot area 2 acres
Minimum lot width 200 feet
Minimum yard setbacks 100 feet
Maximum building height of principal structure 60 feet
Maximum lot coverage 40 percent

 

b.

Access. All ingress and egress points shall be to and from arterials.

(2)

Clinics.

a.

Dimensional requirements.

Minimum lot area 10,000 square feet
Minimum lot width 100 feet
Minimum yard setback
Front 25 feet
Side, interior 10 feet
Except where the side yard abuts a residential district 25 feet
Side, street 15 feet
Rear 25 feet
Maximum building height of principal structure 35 feet
Maximum lot coverage 20 percent

 

b.

Access. All ingress and egress points shall be to or from arterials.

c.

Parking. In addition to the required off-street parking requirements for such uses, automobile parking will be permitted in front yard setbacks if separated by at least 100 feet from any residential dwelling.

(Zoning Ord. 1999, § 15-8)

Sec. 50-381. - Junkyards and salvage yards.

In addition to the requirements within the LI and GI districts for junkyards and salvage yards where such uses are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements.

Minimum lot area 2 acres
Minimum lot location
Distance from any residentially zoned district 300 feet
Distance from any street right-of-way line 25 feet
Distance from any other property line 20 feet
Maximum building height of principal structure 35 feet

 

(2)

Buffering and screening. The entire area occupied by a junkyard or salvage yard shall be surrounded by a continuous solid masonry wall or wood fence eight feet in height without openings except for entrance and exits, which shall be equipped with unpierced gates.

(3)

Site plan approval. All such uses shall be required to have site plan approval in accordance with see article XIV of this chapter.

(Zoning Ord. 1999, § 15-9)

Sec. 50-382. - Manufactured or mobile homes.

In addition to the requirements for manufactured or mobile homes within the districts where such uses are permitted, the following requirements and regulations shall be complied with:

(1)

Location. No person shall park, store or use a manufactured or mobile home on any lot other than in a licensed manufactured or mobile home park or a manufactured or mobile home subdivision district within the corporate limits of the city, except that a manufactured or mobile home may be used as a temporary office or shelter incidental to construction or development of premises on which the manufactured or mobile home is located, only during the time construction on or development is actively underway. Manufactured or mobile home sales establishments, excluding the use of manufactured or mobile homes as living units, shall be permitted in the B-2, LI, or GI districts only.

(2)

Additional requirements. Manufactured or mobile homes that now exist in single-family or multiple-family residential districts shall be required to meet the state department of labor and standards' state manufactured or mobile home tiedown standards. A skirt or apron which is continually and properly maintained shall also be required to surround each manufactured or mobile home between the bottom of the unit and the ground. The time period for meeting these standards will be one year from the enactment date the ordinance from which this chapter is derived.

(Zoning Ord. 1999, § 15-10)

Sec. 50-383. - Nursing and convalescent homes.

In addition to the requirements for nursing and convalescent homes within the MF-1 and MF-2 districts where such uses are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements. All such requirements for such facilities shall be in accordance with the principal dimensional requirements of the district in which such facilities are permitted.

(2)

Buffering and screening.

a.

Equipment storage. Any unhoused equipment shall be enclosed by a chain-link fence of not less than six feet in height without openings except for entrances and exits, which shall be equipped with unpierced gates or other screening as approved by the planning and zoning commission; however, when the equipment is totally enclosed within a building, no fence or other screening device shall be required.

b.

Residential districts. In residential districts, such facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility or create hazardous effects; however, such other equipment may be stored in residential districts, provided it is enclosed within a building or properly screened.

(Zoning Ord. 1999, § 15-11)

Sec. 50-384. - Radio and television transmission towers.

In addition to the requirements applicable to radio and television transmission towers within the districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements.

a.

Tower location. Towers shall be centrally located on the site so as to provide a minimum distance equal to 1½ times the height of the tower from all property lines.

b.

Anchor location. All tower supports and peripheral anchors shall be located entirely within the boundaries of the property and in no case less than ten feet from the property lines.

c.

Minimum yard setback—accessory structures. All accessory structures shall conform to the setback requirements for the district in which the use is located.

(2)

Buffering and screening. A chain-link fence of not less than eight feet in height from finished grade shall be provided around each tower, however, no such fencing shall be required when a tower is affixed to the roof of a building.

(3)

Equipment storage. No equipment, mobile or unmobile, not used in direct support of the transmission or relay facility, shall be stored or parked on the site unless repairs to the facility are being made.

(4)

Aircraft hazard. No tower shall be permitted to encroach into or through an established airport approach plan.

(Zoning Ord. 1999, § 15-13)

Sec. 50-385. - Veterinary hospitals and clinics.

In addition to the requirements applicable to veterinary hospitals and clinics within the districts where such are permitted, the following requirements and regulations shall be complied with:

(1)

Dimensional requirements.

a.

Minimum lot area. The minimum lot area shall not be less than 10,000 square feet.

b.

Minimum lot width. The minimum lot width at the building line shall not be less than 100 feet.

c.

Minimum yard setback. All buildings and structures excluding fences or walls shall be set back a minimum distance of 25 feet from any residential district boundary. All other setbacks shall conform to the requirements of the district in which such uses are located.

d.

Additional requirements. Veterinary hospitals or clinics shall not be required to meet any minimum lot coverage or building height except for the maximum building height regulations of the district in which such facilities are permitted.

(2)

Additional regulations.

a.

No such facilities shall be permitted to have outside cages or runs except those permitted in industrial districts.

b.

All such facilities shall be soundproof so as to prevent any noise from being heard outside any building or structure. Outside cage structures permitted in industrial districts shall not be required to be soundproof.

(Zoning Ord. 1999, § 15-14)