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Gilmer City Zoning Code

ARTICLE II

- ZONING DISTRICTS

Sec. 50-36. - Establishment of districts.

In order to classify, regulate, and restrict the use of land, buildings and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; to regulate the intensity of land use, and to promote the orderly urban growth within the corporate area of the city, the following zones are established:

(1)

Single-Family Detached Residential (R-1).

(2)

Single-Family Detached Residential (R-2).

(3)

Multiple-Family Residential (MF-1).

(4)

Multiple-Family Residential (MF-2).

(5)

Manufactured or Mobile Home Subdivision Districts (RM-1).

(6)

Manufactured or Mobile Home Park Districts (RM-2).

(7)

Local Business Districts (B-1).

(8)

General Business Districts (B-2).

(9)

Light Industrial Districts (LI).

(10)

General Industrial Districts (GI).

(11)

AR Agricultural/Residential District.

(Zoning Ord. 1999, § 4-1)

Sec. 50-37. - Designation of district boundaries.

The boundaries of each district are designed and established as shown on the zoning map of the city. The regulation of this chapter governing the use of land and buildings, the height of buildings, lot areas, setbacks, lot coverage, parking and loading requirements are hereby included within the boundaries of each district shown upon the zoning map.

(Zoning Ord. 1999, § 4-2)

Sec. 50-38. - Rules for interpretation of district boundaries.

When uncertainty exists as to the boundaries of the various districts on the zoning map, the following rules shall apply:

(1)

Location of district boundary lines.

a.

Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways, avenues, and alleys shall be construed to follow such lines.

b.

Lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

c.

Corporate boundaries. Boundaries indicated as approximately following corporate boundaries shall be construed as following such lot lines.

d.

Railroad lines. Boundaries indicated as following railroad lines shall be construed to be the centerline of the railroad right-of-way.

e.

Water lines. Boundaries indicated as approximately following the centerlines of streams, canals, or other bodies of water shall be construed to follow such centerlines.

f.

Parallel lines. Boundaries that are approximately parallel to the centerlines or street line of streets, the centerlines or alley lines of alleys, or the centerlines or right-of-way lines of highways, shall be construed as being parallel thereto and at such distance therefrom as indicated by the scale shown on the zoning map.

(2)

Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, or in case any other uncertainty exists, the board of adjustment shall interpret the intent of the zoning map as to the location of district boundaries.

(3)

Street abandonments. Where a public road, street, avenue, or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned road, street, avenue, or alley.

(4)

Annexed areas. All territory hereafter annexed to the city shall be temporarily classified as district R-1, single-family detached residential district, until permanent zoning is established by the city council. The procedure for establishing permanent zoning or annexed territory shall conform to the procedure established by law.

(5)

Special provisions for lots divided by district boundaries. Where any lot, existing at the effective date of the ordinance from which this chapter is derived, is located in two or more districts in which different uses are permitted, or in which different use, area, bulk, accessory off-street parking and loading, or other regulations apply, the provisions of this subsection shall apply.

a.

Use regulations.

1.

If more than 50 percent of the lot area is located in one of two or more districts, the use regulations applicable to the district containing the majority lot area shall apply to the entire lot.

2.

If the lot is divided so that 50 percent of the lot area lies within each of two or more districts, the applicable use regulations of the more restrictive district shall apply to the entire lot.

b.

Dimensional requirement regulations.

1.

If more than 50 percent of the lot area is located in one of two or more districts, the dimensional requirement regulations applicable to the district containing the majority lot area shall apply to the entire lot.

2.

In cases where the lot is divided so that 50 percent of the lot area lies within two or more districts, the lot area, yard setback, height, lot coverage, and off-street parking and loading regulations and requirements for the district with the more restrictive regulations shall apply to the entire lot.

(Zoning Ord. 1999, § 4-3)

Sec. 50-39. - Application of districts.

(a)

Existing uses. In all districts after the effective date of the ordinance from which this chapter is derived:

(1)

The use of any existing building or other structure may be continued.

(2)

The use of any existing tract of land may be continued.

(3)

The enlargement, alteration, conversion, reconstruction, rehabilitation, or relocation of any existing building or other structure shall be in accordance with the dimensional requirement regulations of the district within which the property is located and other applicable requirements of this chapter.

(b)

New uses. In all districts after the effective date of the ordinance from which this chapter is derived, any new building or parcel of land shall be used, constructed, or developed only in accordance with the use and dimensional requirement regulations of the district within which the property is located and other applicable requirements of this chapter.

(c)

Uses not expressly provided for. In districts where an application is made for a use not expressly permitted or prohibited, the enforcing official shall determine that use which is expressly prohibited or permitted most closely similar or allied to that use requested. In the event any applicant or citizen objects to a determination made by the enforcing official, such person may appeal his case to the board of adjustment.

(Zoning Ord. 1999, § 4-4)