This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Hapeville, Georgia."

(Code 1981, § 8-5-1)

(a)

Words given customary meanings. For the purpose of interpreting this chapter, certain words or terms are herein defined. All other words used in this chapter shall carry their customary meaning.

(b)

Interpretation of certain terms and words.

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular number include the plural, and words used in the plural include the singular.

(3)

The word "person" includes a firm, copartnership or corporation.

(4)

The word "lot" includes the words "plot" and "parcel."

(5)

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

(6)

The word "shall" is always mandatory, and not merely directory.

(7)

The words "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.

(c)

Definitions. 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 daycare facility. A facility in which for pay more than three but less than 48 persons 18 years of age or older, who have difficulty in functioning independently, receive care for fewer than 24 hours per day without transfer of legal custody.

Airport parking facility. Any commercial property approved for the storage of vehicles for greater than 24 hours where patrons are transported between the facility and the airport for compensation. Establishment and operation of such facilities is subject to approval of a special use permit by mayor and council as set forth in sections 93-3.2-5 and 93-3.2-6.

Animal hospital. Any facility used by a veterinarian or their staff to treat diseased or injured animals, and to board animals exclusively as required for treatment.

Antique shop. Any business that sells, at retail, merchandise which is at least 50 years old where such merchandise reflects the architectural, design, or construction aesthetic of a particular historical period, person, or geographical area as distinguished from used retail merchandise, used automobiles, junk or other articles that would otherwise be sold at specialty shops, flea markets, bazaars or variety shops as defined herein. In any antique shop as defined herein, new or reproduction goods, which have been made to resemble antiques, shall not make up more than 25 percent of the business' inventory.

Apartment. A dwelling unit that is physically attached to at least two other dwelling units, either directly or through an intervening unit, and that is not titled as a condominium.

Bail bond office. Any office, building or other facility from which any person, company, corporation, partnership, limited partnership or any other entity operates a business that acts as a surety for a person accused of a crime and pledges money or property as bail to ensure the appearance of such person in a court proceeding concerning such accusations.

Basement. A story partly underground but having at least one-half of its height above the average level of the adjoining ground.

Bazaars. Any meeting place, either temporary or permanent, where retail or wholesale business is conducted in junk as defined herein, used merchandise, used merchandise or junk sold on consignment, and/or new merchandise.

Billiards. Any of the several games played on a table surrounded by an elastic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as "carom billiards," "pocket billiards," and "English billiards."

Billiard room. Any public place where a person is permitted to play the game of billiards and for which more than six billiard tables are made available for use.

Blood plasma donation center. A facility, where whole blood is taken through an IV needle and separated into plasma and blood cells.

Boardinghouse. Any dwelling in which more than two persons are lodged on a continuous basis and served meals for compensation.

Building. Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattels.

Building, accessory. A building subordinate in nature, extent or purposes to the principal building on a lot, and used for purposes customarily incidental to those of the principal building.

Building, alteration of. Any change or rearrangement in the supporting members (such as bearing walls, beams, columns or girders) of a building, any addition to a building, or movement of a building from one location to another.

Building, front line of. A line parallel to the street, intersecting the foremost point of the building, excluding steps.

Building, principal. A building in which is conducted the main use of the lot on which the building is located.

Building, residential accessory. A building customarily incidental and subordinate in nature, extent or purpose to the principal dwelling on a lot and used for purposes customarily incidental to those of the principal dwelling.

Car rental agency. Any commercial operation approved for the leasing of automobiles to the public where patrons may or may not be transported between the facility and the airport. Establishment and operation of such facilities is subject to approval of a special use permit by mayor and council as set forth in sections 93-3.2-5 and 93-3.2-6.

Cellar. A story partly underground and having more than one-half of its height below the average level of the adjoining ground.

Check cashing business. Any office, building or other facility from which any person, company, corporation, partnership, limited partnership or any other entity operates a business that cashes payroll, personal and other checks for the general public for a fee. The term does not include a bank, savings and loan association or credit union that is incorporated or organized under the law of the United States or any state thereof. Nor does this term include an office, building or other facility whose primary business would be retail sales or services and that would cash checks only as an incidental, accessory convenience service to its customers.

City council. The mayor and council of the city.

Climate-controlled storage facility. A building or portion thereof used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Such storage facilities shall not include retail sale on the premises, commercial repair, manufacturing or any other commercial use.

Clinic. An establishment that provides nonemergency outpatient care that is routine or preventative.

Clinic, addiction services. Establishments that offer outpatient services for people recovering from a substance use disorder including services such as individual or group counseling sessions, drug and alcohol education, etc.

Clinic, medical. Establishments that offer outpatient services in the areas of primary care and/or medical specialties (e.g. cardiology, dentistry, dermatology, ENT, gastroenterology, gynecology and obstetrics, ophthalmology, orthopedics, physical therapy, podiatry, urology, etc.). This may include urgent care services but does not include mental health clinics or addiction services clinics.

Clinic, mental health. Establishments that offer outpatient services in the area of mental health to include evaluation and diagnosis of mental health conditions, individual, group or family counseling, medication prescriptions as part of treatment, psychiatric rehabilitation services, etc.

Club. A building owned, leased or hired by a nonprofit association of persons, who are bona fide members paying dues, the use of which is restricted to those members and their guests. The serving and selling of food and alcoholic beverages may be permitted, providing that adequate kitchen facilities are available and that any sales are in accordance with federal, state and municipal laws.

Commercial parking lot. Any commercial property which provides locations for the storage of automobiles for a period of less than 24 hours and does not provide a shuttle service for customers. Such lots are intended to serve customers of surrounding businesses and area office workers.

Condominium. A type of joint ownership applying to buildings (usually apartment buildings) in which dwelling units or enclosed spaces are individually owned, each owner receiving a recordable deed enabling him to sell, mortgage, exchange, etc., his enclosed area or apartment independently of owners of other areas or apartments; and further applying to an undivided interest in common areas and facilities.

Cooking facilities. As applied only to hotels and extended-stay hotels, "cooking facilities" means a stove top burner, a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee or tea; a conventional oven; a convection oven; or any device producing heat using resistance heating elements or infrared heating sources for the purpose of preparing food. Microwaves and coffee makers shall not be considered cooking facilities for purposes of this definition.

Curb break. Any interruption, or break, in the line of a street curb in order to connect a driveway to a street, or otherwise to provide vehicular access to abutting property.

Dwelling. A building, or portion thereof, designed, arranged or used mainly for residential occupancy, but not including trailers, mobile homes or recreation vehicles.

Dwelling, one-family. A building designed, arranged or used exclusively for occupancy by one family.

Dwelling, one-family attached. Any dwelling in a structure which consists entirely of dwellings each of which is attached to one or more other dwellings, has its own separate entrance from the exterior of the building, and has an adjacent ground level outdoor area for the exclusive use of its occupants.

Dwelling, multifamily. A residential building designed, arranged or used for occupancy by three or more families living independently of each other.

Dwelling, two-family. A building designed, arranged or used for occupancy by two families living independently of each other.

Dwelling unit. A dwelling, or portion thereof, providing complete living facilities for one family.

Family. One or more persons related by blood, adoption or marriage, living and cooking together as a single nonprofit housekeeping unit, exclusive of household servants. A number of persons but not exceeding three living and cooking together as a single nonprofit housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family.

Flea market. Any retail or wholesale business which buys, sells, exchanges, or accepts for sale on consignment junk, as defined herein, or used merchandise less than 50 years old.

Floodplain. An area identified by the U.S. Army Corps of Engineers or other surveying agencies as subject to flooding once every 100 years and necessary for the flow of floodwaters.

Floor area. The sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches and balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating those uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to those uses.

Food truck. A motorized vehicle or trailer drawn by a motorized vehicle used to prepare and sell food to the public directly from the vehicle or trailer. Food trucks are mobile food vendors and shall follow all requirements of section 11-11-3.

Food truck court. An area designated on a site for hosting food trucks, subject to the requirements of section 93-28-12 and the mobile food vendor requirements of section 11-11-3.

Food truck court operator. The property owner or responsible party established to operate and rent food truck court spaces on a site.

Food truck vendor. Any person or entity that prepares and sells food from a food truck in a designated food truck court or that otherwise operates a food truck in accordance with the requirements of section 11-11-3.

Frontage. The length of the front lot line.

Garage. An accessory building or portion of a principal building used for vehicular storage only, and having a capacity adequate to accommodate the automobiles or light trucks owned and registered in the name of the occupants of the principal building.

Gasoline service station. Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise serving motor vehicles. However, major mechanical or body repair, customarily known as a repair garage, shall not be included in this definition.

Group home. Any dwelling unit designed for single-family occupancy and occupied by no more than six disabled individuals. The term "group home" shall not include the business of operating a boarding house, rooming house, halfway house, homeless shelter, or other similar enterprise, nor shall the term "group home" include any releases of any penal institution or place for persons convicted of a crime, persons found to be juvenile delinquents, or juveniles found to be persons to be in need of supervision. In addition to disabled persons, up to two additional persons acting as house parents or guardians may reside in a group home.

Height. The distance between the eaves of a building and the average ground line across the front of the building.

Home occupation. Any accessory use of a commercial service character customarily conducted within a dwelling by a resident thereof, which use is secondary to the use of the dwelling for living purposes and does not change the character thereof. Operation of any such use is subject to the provisions set forth in section 93-2-25.

Hospital. A facility providing medical or surgical care to patients and offering inpatient (overnight) care. The facility must have a permit as a hospital from the state department of community health pursuant to the O.C.G.A. and the rules and regulations of the state department of community health.

Hotel or motel. A building designed for occupancy for a fee as the temporary abiding place of individuals who are lodged within.

Hotel, extended-stay. A building that otherwise meets the definition of "hotel," but in which cooking facilities are included in more than 20 percent of its total guest rooms.

Junk. Items including, but not limited to, waste, secondhand materials and merchandise less than 50 years old, scrap iron and other metals, paper, rugs, tires, bottles, broken items, and items in disrepair which are unserviceable for their originally intended purpose.

Junkyard. An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Kennel. Any building or land use, designed or arranged for the boarding, breeding, or care of dogs or cats for a fee. A kennel does not include a facility that boards animals exclusively as part of veterinary care.

Kindergarten school. Any building used routinely for the daytime care or education of preschool age children, and including all accessory and play areas.

Labor pools.

(1)

Labor pool means a business entity which operates by:

a.

Contracting with other entities or persons to supply them with temporary employees for short term assignments of casual labor;

b.

Hiring persons to fulfill these contracts for short term assignments of casual labor; and

c.

Employing each individual employee no longer than the time period required to complete the assignment for which that individual employee was hired, although an individual may be eligible for rehire when additional temporary assignments are available.

(2)

A business entity which fulfills any contracts in accordance with this subsection is a labor pool, even if the entity also conducts other business.

(3)

Labor pool does not include a temporary help service that requires advanced applications, job interviews and references.

(4)

Short term assignment of casual labor means a work assignment for a term of 40 hours or less involving work for which neither the entity nor the person contracting or arranging for temporary employees requires any of the following from any such employees:

a.

A professional or occupational license which requires for its issuance a demonstration of knowledge or proficiency and which is issued by the state or a political subdivision of the state;

b.

A high school diploma or its equivalent;

c.

Education beyond high school;

d.

Vocational education;

e.

Demonstrated proficiency with a specified type of machinery; or

f.

Training before the assignment or on the job which exceeds one hour.

This subsection shall not be construed as prohibiting or limiting the placement of a skilled employee on a short-term assignment of casual labor as long as such skill or education is not a requirement of the assignment.

Laboratory, medical or dental. An establishment where tests are carried out on clinical specimens to aid in diagnosis, treatment, and prevention of disease. Medical or dental laboratories may also manufacture or customize products to assist in the provision of individual medical or dental health care by a licensed professional.

Lodge. See "Club."

Lot. A portion or parcel of land devoted to a single principal use, or occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

Lot, corner. A lot fronting on two or more streets at their intersection.

Lot coverage. The total horizontal ground area of a lot covered by all buildings on the lot and which is not open to the sky.

Lot coverage, maximum. The maximum permitted ratio of lot coverage to usable area of the lot. Usable area shall not include floodplains or slopes in excess of 30 percent grade.

Lot depth. The mean horizontal distance between the front and rear lot lines, measured perpendicular to the front lot line.

Lot, double frontage. An interior lot having frontage on two parallel or approximately parallel streets not intersecting at a point common with the boundary lines of lot.

Lot, interior. A lot other than a corner lot.

Lot line, front. The lot line coincident with a street right-of-way line.

Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the clerk of the county superior court, or a parcel of land, the deed to which has been recorded in the same offices as of the effective date of this chapter.

Lot width. The horizontal distance between the side lot lines, measured at right angles to the depth.

Mayor and council. The mayor and council of the city.

Mobile food vendor. A retail food establishment that reports to and operates from a commissary, is readily moveable, and is a motorized wheeled vehicle or a towed wheeled vehicle designed and equipped to serve food.

Nursery. Any building or lot, or portion thereof, used for the cultivation or growing of plants, and including all accessory buildings.

Nursing home. Any facility for the aged, recuperating, or chronically ill persons who need medical care or medical monitoring in which three or more persons not related to the operator are kept or provided with food and shelter or care for compensation for 24 hours per day; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Office, medical or dental. Office providing routine, preventative care as well as diagnosis and treatment of illnesses, injuries, and physical malfunctions that can be performed in an office setting with no overnight care. These may include primary care or medical specialties (e.g. cardiology, dentistry, dermatology, ENT, gastroenterology, gynecology and obstetrics, ophthalmology, orthopedics, physical therapy, podiatry, urology, etc.).

Patio houses. A type of single-family attached dwelling unit which covers the entire lot by combining front, side and rear yards into one "landscaped patio" bordered on two sides by the house, and on the other two sides by ornamental brick or stone walls at least seven feet in height. Windows are located at the front of the house and usually glass walls are adjacent to the patio. Units are built abutting each other, making common use of three of the enclosure walls.

Pawnshop. Any office, building or other facility from which any person, company, corporation, partnership, limited partnership or any other entity operates a business that loans money on the security of pledged goods (as that term is defined in O.C.G.A. § 44-12-130(5)), or purchases tangible personal property on a condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or purchases tangible personal property from persons or sources other than manufacturers or licensed dealers.

Personal care home. Any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. The term "personal services" includes but is not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

Planned unit development (PUD). A PUD is a land development project which is planned as one entity, grouping dwelling units into clusters providing an appropriate amount of land for open space, mixed housing types and densities. Many development and dimensional requirements are generally waived and land use intensity and design criteria are applied through a site plan review process.

Private probation office. Any office, building or other facility from which any person, company, corporation, partnership, limited partnership, enterprise, agency or any other entity pursuant to a written contract with a court of a county or a municipality, operates a business that provides probation supervision, counseling and collection services for all monies to be paid by a defendant according to the terms of a sentence imposed on such defendant as well any monies which by operation of law are to be paid by such defendant in consequence of a sentence, and other probation services for defendants convicted in such court and placed on probation.

Rehabilitation or treatment facility. A facility licensed by the state that provides treatment for persons who present a direct threat to the persons or property of others. Includes persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders. Includes facilities that provide transient housing related to post-incarceration and social service programs.

Residential infill. Residential infill is small scale single-family residential development (up to 12 units) in developed neighborhoods. It is characterized by such elements as subdivisions of established residential parcels and reduced lot size and frontage.

Restaurants. Any establishment that prepares and sells food and/or beverages intended for consumption on premises is a restaurant. A restaurant does not have a drive-through, does not provide drive-in service, or is not primarily a carry-out.

Restaurants, carry-out. Any restaurant that prepares and sells food and/or beverages in a ready-to-consume state, intended for consumption off-premises. A carry-out restaurant does not include a drive-through. A carry-out restaurant may include up to six seats for waiting purposes. An establishment with more than six seats would be classified as a restaurant. The number of designated spaces for carry-out is limited to two spaces per 1,000 feet.

Restaurants, drive-in. Any restaurant that prepares and sells food and/or beverages in a ready-to-consume state, that is served to parked vehicles for immediate consumption.

Restaurants, drive-through. Any restaurant that prepares and sells food and/or beverages in a ready-to-consume state with a drive-through window or service that includes circulation and stacking for ordering and pick-up services to customers in vehicles. Restaurants that offer curb-side pick-up in designated spaces and/or carry-out, would not necessarily constitute a drive-through. The number of designated spaces for pick-up or carry-out is limited to two spaces per 1,000 feet.

Setback. The distance from the property boundary of a parcel to the nearest point of a building.

Single-family attached dwelling. A type of residential development which includes a dwelling unit on a subdivided lot usually individually owned, though attached by a common party wall to another dwelling unit on an adjoining lot.

Specially shops. Any business that sells, at retail, merchandise that has been previously used or is sold on consignment and has been previously used that sells junk, sells new or reproduction goods which have been made to resemble antiques that make up at least 25 percent of the business's inventory, operates a flea market or bazaar all as defined in this article, or does not sell antiques as defined in this article.

Street. A public way for vehicular traffic which affords primary means of access to abutting property.

Street centerline. A line surveyed at the direction of the mayor and council and designated as an official street centerline, or in the absence of such line, a line drawn parallel to and midway between the right-of-way lines of any mapped street.

Story. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between any floor and the ceiling next above it. A basement shall be counted as a story for height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet. A cellar shall not be counted as a story for height measurement.

Story, half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of that story.

Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to, the following: site-built buildings, industrialized buildings, modular homes, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes, fallout shelters, telecommunications towers and facilities, and satellite communication facilities.

Structure, nonconforming. A structure of building that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirement of the zoning district.

Surgical center. A facility independent from a hospital, where outpatient surgeries and procedures are performed that do not require overnight in-facility care.

Use, accessory. A use subordinate in nature, extent or purpose to the principal use of a building or lot, and customarily incidental thereto.

Use, conditional. A use of a building or lot that is permitted only if and when the planning commission, and mayor and council specifically approve that use, and all plans, specifications, written conditions or written restrictions are complied with on a continuing basis.

Use, nonconforming. A use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirement of the zoning district.

Use, principal. The main use of a building or lot.

Used car lot. Any lot or tract used for the storage, display or sale of used automobiles, trucks or other motorized vehicular equipment, including the sales and maintenance buildings incidental thereto.

Variety shops. Any business that sells, at retail, new merchandise except that such a business may have up to 25 percent used merchandise other than antiques, as defined in this chapter, as part of the business's inventory.

Veterinarian. Any facility used by a person who holds a license to practice the profession of veterinary medicine in the state. Veterinarians may board animals exclusively as required for treatment.

Yard. An unoccupied space, open to the sky, on the same lot with a building.

Yard, front. A yard measured at right angles from the front lot line to the nearest point of the principal building, exclusive of steps, and extending the full width of the lot.

Yard, rear. A yard measured at right angles from a rear lot line to the nearest point of the principal building, exclusive of steps, and extending the full width of the lot.

Yard, side. A yard measured at right angles from a side lot line to the nearest point of the principal building, exclusive of steps, and extending the front yard to the rear yard.

(Code 1981, § 8-5-2; Ord. No. 75-3, 4-1-1975; Ord. No. 80-8, 9-2-1980; Ord. No. 81-4, § 1, 8-4-1981; Ord. No. 82-11, 9-7-1982; Ord. No. 84-8, 11-6-1984; Ord. No. 95-10, 11-7-1995; Ord. No. 96-08, § 2, 10-1-1996; Ord. No. 99-12, § 1, 9-7-1999; Ord. No. 2013-02, § 1, 3-19-2013; Ord. No. 2014-10, § 1, 9-16-2014; Ord. No. 2015-14, § 1, 8-4-2015; Ord. No. 2015-15, § 1, 8-4-2015; Ord. No. 2016-03, § 2, 3-1-2016; Ord. No. 2016-18, §§ 1—3, 8-16-2016; Ord. No. 2018-01, § 1, 1-9-2018; Ord. No. 2018-15, § 1, 11-6-2018; Ord. No. 2016-28, §§ 1—4, 12-6-2016; Ord. No. 2019-28, § 1, 9-17-2019; Ord. No. 2019-30, § 1, 9-17-2019; Ord. No. 2019-39, § 1, 12-10-2019; Ord. No. 2021-06, §§ 1, 2, 3-2-2021; Ord. No. 2021-14, § 3, 8-3-2021; Ord. No. 2024-04, 1-9-2024)

(a)

Use. Except as hereinafter provided, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the use regulations herein specified for the zone in which it is located.

(1)

Where a use is applied for in a zone and such use is not listed in the list of specifically permitted uses allowed per zone, the building official may exercise his/her discretion to:

a.

Deny the use as unpermitted in accordance with subsection (a)(1) above and the list of permitted uses per zone; or

b.

Allow the use if such use is substantially like a use which is already listed in the permitted use section per zone.

(2)

The building official shall consider the following factors to determine substantial similarities between the nonpermitted uses and permitted uses in occupations, residences, types of businesses, and other uses by applying the following standard, based upon the following considerations:

a.

The proposed use generates the same or similar amounts in type of vehicular and pedestrian traffic as permitted uses in the desired zone;

b.

The proposed use is aesthetically similar in design, construction, and street facade presentation as permitted uses in the desired zone;

c.

The proposed use is no more taxing on city services and infrastructure than permitted uses in the desired zone;

d.

The proposed use provides the same or similar activity, work, or business as permitted uses in the desired zone;

e.

The proposed use comports with the listed purposes in the intent section of the desired zone;

f.

The proposed use will not introduce activity at times of the day or week that are incompatible with normal hours associated with permitted uses in the desired zone; and

g.

The proposed use is consistent with the goals and objectives of the comprehensive plan.

(3)

The applicant is responsible for submitting evidence and information establishing the comparative similarities set forth above upon application for the desired zoning or use approval.

(4)

A decision of the building official to deny a previously nonlisted use is appealable to the board of appeals pursuant to subsection 87-3-3(a)(1). The standard of review used by the board of appeals shall be a determination of whether or not the building official erred in his decision based upon the purposes of the zone as stated in the ordinance and the consistency of the proposed use as compared to other allowed uses.

(b)

Height and density. Except as hereinafter provided, no building shall hereafter be erected or altered so as to exceed the height limit, nor shall any building or land be used or occupied hereafter in excess of the maximum density requirements of article 22.1 of this chapter for the zone in which it is located.

(c)

Lot occupancy. Except as hereinafter provided, no buildings shall hereafter be erected or altered so as to occupy a greater percentage of the lot area, nor shall any side, rear or front yard be narrower or smaller than is required for the zone in which it is located.

(d)

Yard use limitation. Except as hereinafter provided, no yard or other open space provided about any building for the purpose of complying with the regulations of this chapter shall be included or construed to be a part of a yard or other open space for any other building for the purpose of allowing the second building to comply with the provisions of this chapter.

(Code 1981, § 8-5-3; Ord. No. 2002-07, § 1, 3-5-2002)