(a)

This chapter shall apply to all land and water areas within the unincorporated areas of Habersham County, Georgia.

(b)

No building, structure, land, open space or water shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained and no new use or change shall be made or maintained of any building, structure, land, open space or water unless in conformity with all the regulations of this chapter.

(c)

Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land.

(d)

Within the districts established by this chapter, there exist certain incompatible lots, buildings, structures, signs and uses of land which were lawful before this chapter was adopted but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intention of this chapter to permit these nonconformities to continue in accordance with this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for variances or for adding other structures or uses prohibited elsewhere in the same district.

(Ord. of 12-21-2020)

A single-family dwelling and customary accessory buildings or any other permitted building, structure or use may be erected or established and shall be permitted on a nonconforming lot of record, as defined herein, subject to the following requirements:

(a)

The nonconforming lot of record shall comply with Habersham County Health Department requirements for service by a private well or on-site septic tank, or both, for the use existing or to be established on such lot.

(b)

The nonconforming lot of record shall have public access via a public street or it shall abut and have public access to an approved and improved private road as specified in section 68-1727 that connects to a public street. If no access exists and cannot be obtained in accordance with the requirements of this paragraph, a building permit may be issued if the property owner can demonstrate that private access exists via a minimum 30 foot-wide access easement which affords access to and connects with a public street or an approved and improved private road that connects to a public street. An existing recorded easement shall not be extended.

(c)

The placement of buildings or structures or the establishment of uses shall observe the yard dimensions and building setback lines specified for the building or use by the regulations of the district in which the lot is located unless a variance has been granted pursuant to article XII of this chapter.

(d)

section 68-602 shall not apply if there are two or more nonconforming lots of record which abut one another and are under single ownership except that nonconforming lots shall be combined to create a single lot regardless of resulting size to allow for closer compliance with the requirements of this chapter without losing their nonconforming status. The resulting lot regardless of size may then utilize the allowances of section 68-602 for which it qualifies. No building permit shall be issued unless the nonconforming lots of record are replatted or a variance has been granted pursuant to section 68-1202 of this chapter.

(e)

It shall be the burden of the applicant for a building permit to show proof that the property for which a building permit is requested is a "nonconforming lot of record." Proof shall be by a copy of a plat containing book and page reference to recorded deed or a deed recorded in the office of the clerk of the superior court of Habersham County and certified by same as recorded document and showing the date recorded, which shall be submitted with the application for a building permit.

(Ord. of 12-21-2020)

The lawful use of any building, structure, sign or land existing at the time of enactment of this chapter may be continued, subject to the limitations of section 68-604, even though such use does not conform with the provisions of this chapter, except that the use of a principal building, structure or land containing a nonconforming use shall not be:

(a)

Changed to another nonconforming use;

(b)

Expanded, enlarged or extended unless such use is changed to a use permitted in the district in which such use is located;

(c)

Moved in whole or in part to any other portion of the lot occupied by such use, except in conformity with this chapter.

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure or portion thereof declared to be unsafe by an official charged with protecting the public safety or health upon order of such official. Changes in ownership or tenancy of a nonconforming building or structure are permitted. Any nonconforming use or structure existing at the time of adoption of this chapter which is abandoned, discontinued, vacated, demolished or otherwise not used for a period of 12 consecutive calendar months shall not be reestablished unless it is brought into compliance with the requirements of this chapter.

(Ord. of 12-21-2020)

With the exception of a nonconforming single-family dwelling or duplex, a nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding 50 percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except by approval as a conditional use, in accordance with the procedures of article XIII, section 68-1307.

If any mobile home/manufactured home is damaged or destroyed by fire or other natural disaster, and if said damage or destruction to said mobile home/manufactured home results in destruction of 50 percent or greater of the square footage of the mobile home/manufactured home as it existed prior to the destruction, then any reconstruction of the damaged mobile/manufactured home must comply with the minimum construction standards required by the U.S. Housing and Urban Development Department.

(Ord. of 12-21-2020)

A nonconforming building which contains a conforming use may be expanded, enlarged or extended, provided that any such additions meet the applicable yard and building setbacks, buffer and landscape strip requirements, and all other regulations for the district in which it is located. A single exception is any building which does not conform to the building setback adjacent to an AG, agricultural district. In such cases, said building may be expanded in a manner that encroaches on the setback from any AG district, provided that the existing setback distance of the building from the AG district boundary is maintained and the building addition is constructed no closer to the AG district boundary than the existing building. This section shall not, however, be construed as to authorize the expansion of a nonconforming building for a use which is not permitted by the regulations for the district within which such building is located.

(Ord. of 12-21-2020)

Nothing in this article shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption of this chapter.

(Ord. of 12-21-2020)

(a)

For the purpose of this article, the minimum lot size shall be acreage exclusive of all areas under ponds, creeks, lakes, streams and other waterways.

(b)

No existing parcel/tract of land shall hereafter be subdivided and no building shall be erected or use established on any lot which does not meet the minimum lot areas, minimum lot widths, minimum lot depths, minimum lot frontage, natural ground surface, and side yard requirements specified in this chapter.

(c)

No lot shall be reduced, divided or changed in size so that lot width, size of yards, lot area per dwelling unit, or any other requirement of this chapter is not maintained unless said reduction or division is necessary to provide land which is acquired for a public purpose. Prior to approval of building permits, the administrative officer may require the applicant for such permit to submit a slope map and/or topographic survey of the property on which such building is to be located to ensure compliance with this section.

(d)

The maximum lot depth shall not be less than 120 feet. Minimum lot area and width shall be determined by the water and sanitary sewer system available as required in the table below.

¹ For lots having a slope of 15 percent or greater, a buffer is required as specified in Article IX.
² Installation of septic systems are subject to approval of the Board of Health.
³ Minimum lot width for townhouse development is 100 feet.
⁴ An additional setback and buffer may be required in accordance with section 68-1002.
⁵ Side setback for end units only.
⁶ Additional requirements may be required in accordance with Articles V and X.

Exception: The single exception to the minimum setback requirements, maximum lot coverage, and minimum lot area provision based upon slope is public and semi-public buildings and uses to house communication equipment, pumps, security, or similar such uses, as determined by the administrative officer, located on small parcels that could not normally meet the performance standards in sections 68-607, 68-608, and 68-609.

Note: In cases where no right-of-way has been documented or established, the right-of-way shall be considered to be and the front building setback line shall be measured from a point ten feet from the existing construction limits of the road.

(e)

Any lot having a slope, as defined in section 68-201, of 15 percent or greater shall have a natural buffer of undisturbed soil and vegetation maintained or created along all property lines down slope starting from the rear and/or side property line and moving toward the house and/or installed septic system. The buffer shall be no less than 25 feet wide at any point. The purpose of the buffer is to minimize erosion onto adjacent properties or into streams, rivers, and other waterways.

(f)

Lots utilizing a private septic system and having areas of undisturbed soil and vegetation at the time of final plat approval are subject to the percent of the lot down slope on the building site that is required to be buffered for erosion control (see table in subsection 68-607(h)). However, no lot shall be less than one acre.

(g)

For lots that require a private septic system and have been cleared of vegetation prior to the preliminary plat application or during development, a 25-foot wide buffer for erosion control must be re-established along all property lines down slope from the building site. The minimum lot area shall be as specified in subsection 68-607(h).

(h)

For lots requiring a septic system, the minimum lot area will be based upon the following table which shall determine the minimum lot size permitted, regardless of land use intensity district.

(a)

Measures of setbacks.

(1)

Front setbacks shall be measured from the edge of the public right-of-way to the wall of the building or structure.

(2)

Side and rear setbacks shall be measured from the property line to the wall of the building or structure.

(b)

Encroachments into required setbacks.

(1)

Building features, such as steps, fire escapes, cornices, eaves, gutters, sills and chimneys may project not more than three feet beyond a required setback line, except where such projections would obstruct driveways which are used or may be used for access of service and/or emergency vehicles. An unenclosed front or side porch, portico or stoop in a residential land use district shall be allowed not more than three feet beyond the required front yard setback.

(2)

In the case of automobile service stations and similar uses which serve the motoring public, canopies shall be allowed over a driveway or walkway within the front yard not to extend from the principal building to a point any closer than 15 feet from the street right-of-way line. Such canopies shall provide a minimum 12 feet vertical clearance.

(c)

Lots with multiple frontages. Buildings constructed on lots abutting the right-of-way of more than one street or road, regardless of whether said street or road is public or private, shall comply with the front yard setback requirements of the district on each frontage.

(d)

Maintenance of setbacks.

(1)

No open space or yard established through standards for setbacks shall be encroached upon or reduced in any manner except as allowed herein this chapter. Shrubbery, driveways, retaining walls, fences, curbs and planted buffer strips shall not be construed to be an encroachment of yards.

(2)

No part of any required yard, open space, or off-street parking or loading space shall be considered to be part of a required yard, open space, or off-street parking or loading space for any other building or structure or use.

(Ord. of 12-21-2020)

No building or structure shall hereafter be erected, constructed, reconstructed, or altered, except as otherwise specifically exempted in this chapter, to exceed the height allowed by the adopted building codes of the state and Habersham County, provided, however, that the administrative officer may permit buildings and structures to exceed these height limitations upon approval of a variance as specified in this chapter. The measurement of the height of a building shall be consistent with the method used in the International Building Code as adopted by the governing body of Habersham County.

The height limitations established herein shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles and similar structures.

(Ord. of 12-21-2020)

Unless expressly permitted by this chapter, there shall be a minimum separation requirement of ten feet between all buildings. Where one or both of the buildings is two stories, said separation shall be at least 20 feet. When one or both of the buildings is three or more stories, said separation shall be at least 30 feet.

(Ord. of 12-21-2020)

Only one principal building and its customary accessory buildings may hereafter be erected on any one lot, regardless of the land use intensity district.

(a)

The limitation on the number of principal buildings specified above shall not apply to multiple-family, office, institutional, commercial and industrial buildings within projects planned and constructed on a single tract, subject to all other provisions of this chapter.

(b)

More than one principal building may be allowed as follows:

(1)

Bona fide commercial agricultural operations where another dwelling is necessary for the occupancy of employed personnel to that commercial agricultural operation.

(2)

Where a second home is needed for the health care of an immediate family member as defined in section 68-201.

(Ord. of 12-21-2020)

All proposed divisions of land and development of existing lots shall require a site plan containing the following information:

(a)

Title of the proposed development;

(b)

The name, address, and telephone number of the property owner;

(c)

The name, address, and telephone number of the architect, engineer, surveyor, or other designer of the proposed development;

(d)

Scale, date, and north arrow;

(e)

Boundaries of the subject property, all existing road rights-of-way, and buildings (existing or proposed);

(f)

Building setbacks and buffers.

(Ord. of 12-21-2020)

No lot shall be subdivided, platted or established unless each resulting lot has a minimum of 60 feet of frontage on a public street or a private road which is constructed to meet the applicable county standards for private streets as specified in section 68-1727 of this chapter. A 15 percent reduction in minimum lot frontage may be allowed on a cul-de-sac. Each lot created shall have frontage which affords a permanent and principal means of vehicular access to and from the lot. Furthermore, any lot created and described by plat and filed in the Habersham County Clerk of Court's Office prior to the adoption of this chapter shall be deemed a lot of record and exempt from section 68-613.

(a)

Easements: Access easements for ingress/egress purposes are only allowed in conjunction with subdivision of land as defined in section 68-201 as follows:

(1)

Access easements, as defined in section 68-201, shall be a minimum width of 30 feet.

(2)

Must be cleared, graded, and graveled an adequate width with shoulders to allow passing and provide easy access for emergency vehicles. Provisions for vehicle turn-around must be placed at intervals not to exceed 1,000 feet.

(3)

Any structure off of an easement shall be set back a minimum of 35 feet from the edge of the easement.

(4)

The access easement shall be inspected by the appropriate county department to determine if the access easement is adequately designed for drainage and suitable for travel by emergency vehicles prior to the issuance of a building permit.

(5)

All deeds and plats of surveys created with an access easement shall include the following language: "The grantee and grantor herein acknowledges and agrees that any and all means of ingress/egress to the property conveyed hereby that is provided by the grantor or their successors or assigns are considered by the governing body of Habersham County to be an easement and is not transferable to and/or maintainable by said governing body. The grantee and the grantor and their assigns, heirs and successors hereby agree to be responsible for their proportionate share of the upkeep and maintenance of this easement and completely hold the governing body of Habersham County harmless from any necessity for such use, upkeep, and maintenance."

(b)

An easement in existence prior to the adoption of this chapter which does not meet the requirements of section 68-617 shall be considered a nonconforming easement and may remain as a nonconforming easement provided such easement shall not be extended.

(c)

A shared driveway as defined in section 68-201 may be used for convenience as access to lots which have met all requirements for lot size, dimensions and frontage as prescribed in chapter 12 of the Habersham County Code of Ordinances. When a shared driveway is used to access existing or new lots, the following statement shall be placed on the recordable plat: "SOME ROADS WITHIN THIS SUBDIVISION ARE DESIGNED TO BE PRIVATE AND WILL NOT BE ACCEPTED FOR MAINTENANCE BY HABERSHAM COUNTY"

(Ord. of 12-21-2020)

No object such as a fence, wall, sign, hedge or plantings which obstructs the sight lines at elevations between two and 12 feet above any roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines or such lines extended, and a line connecting such right-of-way lines at points 25 feet from the intersection of the right-of-way line.

(Ord. of 12-21-2020)