Any lot of record which is legal on the date of the first published notice of this Ordinance, may be used subject to the following exceptions and modifications.

A.

Use of Substandard Lots. Where the owner of a lot at the time of the adoption or amendment of this Ordinance does not own sufficient area and width to enable him to conform to the dimensional requirements of this Ordinance, the lot may be used as a building site for a structure or use permitted in the zone in which it is located; provided the owner has the approval in writing of the Coweta County Health Department (approval of the Health Department is required to assure parcel is large enough to handle septic tank and drain field lines), the City of Haralson Planning Commission and City Council. Owner shall provide the Planning Commission and City Council with a site plan so orientation of all principle and accessory structures shall be clearly delineated.

B.

Residential Use of Substandard Lots. In addition to Section 7.1A, in any residential district, any lot of record existing at the time of adoption or amendment of this Ordinance which has a width or area less than that required by this Ordinance may be used as a building site for a single-family dwelling only.

In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single family dwelling, the Planning Commission is empowered to hear the request for a side yard variance provided there is a ten (10) foot side yard. If a minimum ten (10') foot side yard is not possible then a minimum width for single family dwelling may be requested.

A.

Lot Area. Hereafter, no lot shall be reduced in size so that lot width, size of yards or lot area per parcel requirement of this Ordinance is altered except when a portion of a lot is acquired for a public purpose.

B.

Yards and Open Space.

1.

Every part of a required yard shall be open to the sky so that projections such as sills, window air conditioning units, chimneys, cornices and ornamental features may not extend into a required yard.

2.

Other provisions of this ordinance notwithstanding, fences, walls, hedges, driveways and buffer areas may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the street sides of corner lots shall violate the corner visibility provisions of this ordinance.

C.

Front Yards.

1.

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

2.

On through lots, the required front yard shall be provided on each street.

3.

Corner lots shall meet the minimum front yard requirements on the side adjacent to both streets and the remaining yards shall be considered side yard requirements.

4.

Open, unenclosed porches, platforms or paved terraces, which are not covered by a roof or canopy and do not extend above the level of the first floor of the building, may extend or project into the required setback area if it is six (6) feet or less.

5.

Within the same block and zoning district, when twenty-five percent (25%) or more of the existing buildings are located within two hundred (200) feet on each side of a lot have less than the minimum required setback, the required front setback of such lot should not exceed the average of the existing front setbacks.

D.

Side Yards.

1.

For the purposes of the side yard regulations, a group of commercial buildings separated by common or party walls shall be considered as one building occupying one lot.

2.

The minimum width of side yards for schools, libraries, churches and other public or semi-public buildings in residential districts shall be twenty-five (25) feet. Where a side yard is adjacent to a business or commercial district, then the width of that yard shall be as required for the district in which the building is located.

E.

Fences and Walls. No fence or freestanding wall in a required yard other than a retaining wall shall be more than eight (8') feet in height. No fence extending to a height in excess of four (4') feet shall be permitted in a required front yard.

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three (3') feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points twenty-five (25') feet distant from the intersection of the street lines.

In addition to the principal uses permitted within the zoning districts established by this ordinance, it is intended that certain uses customarily incidental or accessory to such principal uses shall also be permitted.

For the purposes of this ordinance, each of the following uses is considered to be a customary accessory use, and may be situated on the same zoning lot as the principal use or uses for which it serves as an accessory:

A.

Uses Accessory to Dwellings.

1.

Private garages.

2.

Structure for the storage of equipment and supplies used in maintaining the principal building and its grounds.

3.

Structure for a children's playhouse and the storage of children's play equipment.

4.

Private kennel in any zoning district designated for residential use, with the stipulation that no more than five dogs or cats (total) six months of age or older shall be kept on a single premise at any one time. A permitted kennel shall be allowed in the rear yard only and shall not be located in the required minimum setback. A permitted kennel shall not be maintained in such a way as to constitute a nuisance to any adjoining property.

5.

Private swimming pool and bath house or cabana.

6.

Private tennis courts provided that lights are not used in conjunction with their use in any residential zoning district other than R-1. A private tennis court as contemplated by this section may be surrounded by a fence up to ten feet in height; and if said fence is a chain link fence, it must be coated with green vinyl.

7.

Noncommercial garden, including a greenhouse and other customary garden structures not over eight feet in height.

8.

Pump and well houses for on-site water systems.

9.

Decks, patios, bar-b-que grills and other such facilities.

10.

Fences, walls, exterior lighting fixtures, and other general landscaping and site development facilities.

11.

No trailer, recreational vehicle, travel trailer, camper pick-up coach, motorized home, boat trailer or boat shall be permitted to be parked in front of or at the side of the main building or within 20 feet of the rear lot line, unless same is parked or stored completely within an enclosed garage or roofed carport.

12.

No accessory use permitted by this section shall be constructed for the purpose of conducting commercial activities outside a permitted dwelling on a zoning lot except home occupations as permitted by this Article. Residential accessory uses such as garages, greenhouses or workshops, shall not be rented or leased for commercial purposes.

13.

No accessory use permitted by this section shall be constructed for the purpose of providing separate, self-contained living quarters outside a permitted dwelling on a zoning lot, except in the RD zoning district. Self-contained living quarters are considered as a minimum to include kitchen facilities, a bath, and a bedroom area.

14.

For purposes of interpreting and administering paragraphs 12 and 13 of this Section 7.4.A, accessory uses cannot be attached to and made a part of a permitted dwelling by extended hallways or breezeways; rather, in order to qualify for use as an area for a home occupation or for living quarters, the space must be within and be an integral part of a permitted dwelling.

B.

Uses Accessory to Churches.

1.

Off-street parking area for the use of members and visitors to the church.

2.

Religious education building, including an assembly room that may be used for church-related recreation activities.

3.

Parsonage, pastorium or parish house, including any use accessory to a dwelling as permitted herein.

4.

Fences, walls, exterior lighting fixtures, and other general landscaping and site development facilities.

C.

Uses Accessory to Businesses and Industries.

1.

Off-street parking areas for customers, clients, and employees.

2.

Off-street loading facilities.

3.

Central trash collection dumpsters, provided they are effectively screened from view from any adjoining streets.

4.

Completely enclosed buildings for the storage of supplies, stock, merchandise, and equipment.

5.

Repair or service facility incidental to the principal use, provided that the operation of the repair or service facility does not constitute a nuisance to adjoining properties, and the operation is not otherwise specifically prohibited in the zoning district.

6.

Exterior display and sales facilities including on-site signs, provided such use is not otherwise specifically prohibited in the zoning district.

7.

The open, outside storage of building materials, junk, salvage, and inoperative vehicles is prohibited unless specifically permitted in the zoning district, and such use is properly screened from view from adjoining streets and properties.

8.

Fences, walls, exterior lighting fixtures, and other general landscaping and site development facilities.

9.

Outdoor display of merchandise provided that the display of merchandise is in compliance with section 7.4.F.

10.

All non-residential accessory buildings shall only be used by the owners, employees, lessee or tenants of the premises, and shall meet the setback requirements of the principal building.

D.

Uses Accessory to Agriculture.

1.

Dwellings, including any use accessory to a dwelling as permitted in section 7.4.A.

2.

All structures and facilities commonly associated with the operation of the permitted agricultural activities, unless otherwise specifically prohibited.

E.

Accessory Use Standards.

1.

No accessory use structure, except pump and well houses for on-site water systems, shall be located in the required front yard of any residential zoning lot.

2.

No accessory use structure shall be located in the rear setback area of any residential zoning lot that is less than 50 feet wide at the rear property line.

3.

If a residential zoning lot is at least 50 feet wide at the rear property line, a single accessory use structure with an area of no more than 100 square feet may be located in the rear setback area.

4.

If a residential zoning lot is at least 100 feet wide at the rear property line, two accessory use structures may be located in the rear setback area provided the total combined area of the structures does not exceed 125 square feet.

5.

No accessory use structure which is allowed to encroach into the rear setback area of any residential zoning lot in accordance with the provisions of this ordinance shall be located closer than three feet to the rear property line, nor shall any encroaching structure exceed eight feet in height above the existing ground at its eave line or 12 feet above the existing ground at the highest point of its roof.

6.

The color scheme of an accessory use structure shall blend with the colors of the primary structure on the same zoning lot, or shall be earth tones.

7.

No accessory use structure intended to store flammable materials shall be located closer than 20 feet to the primary structure on the zoning lot, or any other primary or accessory structure.

8.

Gasoline station pumps and pump islands where permitted may occupy the required yards, provided that they shall not be less than fifteen (15') feet from street lines; canopies, whether attached or detached from the principal building must be at least fourteen (14') feet in height and the outermost edge shall be five (5') feet from any property line.

9.

An open or unenclosed swimming pool may occupy a required rear or side yard, provided that the pool is not located closer than six (6') feet to a rear lot line or ten (10') feet to an interior side lot line. A three (3') foot wide walk space shall be provided between pool walls and protective fences or barrier walls.

10.

Unless prescribed otherwise in this ordinance, fences may be located in the required setback area.

F.

Outside Display Standards.

1.

Commodities that are for sale or for lease as well as any other products and materials that are associated with a particular business shall not be displayed or stored outside in any commercial area unless:

a.

They are in an approved, permanent, fully enclosed space; and they are reasonably screened from public view;

b.

They are stored or displayed in accordance with the specific understandings and conditions of a site plan that has been approved by the council as a part of the site plan review process;

c.

They are confined to an area no more than six feet from an exterior wall of the primary building on a zoning lot and they comply with the following requirements:

(1)

They do not encroach into a zoning setback area, a required buffer, or a landscaped area;

(2)

They do not interfere with pedestrian or vehicular traffic on the site;

(3)

They do not occupy more than 12 lineal feet of space along an exterior wall;

(4)

They are not stored or displayed outside for more than 24 consecutive hours; and

(5)

There is no sign that is legible offsite that is associated with the materials that are stored or displayed; or

d.

A temporary use permit is secured for such display or storage.

2.

A temporary use permit may be issued by the zoning administrator in accordance with the following criteria:

a.

No more than four temporary use permits may be issued for any zoning lot in any calendar year.

b.

No single temporary use permit shall be issued for more than seven consecutive days.

c.

Prior to the issuance of a temporary use permit, an applicant must submit an application to the council for review and approval in order to assure that the proposed temporary use will not pose a health or safety hazard or be detrimental to the public welfare.

[d].

No sign that is legible offsite shall be displayed in conjunction with the temporary use permit.

The conduct of business in R-40 and RC districts may be permitted under the provisions of this section. In an R-1 district, the conduct of any business listed in this section will require a Special Use permit in accordance with section 15.16. It is the intent of this section to ensure the following:

•

Compatibility of home occupations with other uses permitted in residential zoning districts.

•

Maintain and preserve the character of residential neighborhoods and provide peace, quiet and domestic tranquility within all residential neighborhoods.

•

Within the district, in order to guarantee all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in this district.

A.

Requirements. Residential home occupations, where permitted, must meet the following special requirements:

1.

A home occupation is subordinate to the use of a dwelling unit for residential purposes. No more than twenty-five (25%) percent of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

2.

A home occupation shall be carried on wholly within the principal use or accessory building. No home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed outside of the principle use or accessory building.

3.

The residential home occupation is limited to employment of residents of the property and not more than one (1) additional person.

4.

A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perceptions outside the principal or accessory structure.

5.

No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met by providing off-street space and located in rear or side yard.

6.

On the premises, retail sales are prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.

7.

There shall be no exterior indication of the home occupation or variation from the residential character of the principal use.

No on-street parking of business related vehicles (either marked or commercially equipped) shall be permitted at any home.

B.

Permitted Residential Home Occupations.

1.

Architectural services.

2.

Art studio.

3.

Consulting services.

4.

Data processing.

5.

Direct sale product distribution (Amway, Avon, Jaffra, Mary Kay, Tupperware etc.) provided there is no production on premises.

6.

Drafting and graphic services.

7.

Dressmaking, sewing, tailoring, contract sewing (1 machine).

8.

Electronic/Computer assembly or repair.

9.

Engineering service.

10.

Financial planning or investment services.

11.

Flower arranging.

12.

Home office.

13.

House cleaning service.

14.

In-home child care, but not more than five (5) children at a time, including the caregivers own pre-school children.

15.

Insurance sales or broker.

16.

Interior design.

17.

Laundry and ironing service.

18.

Locksmith.

19.

Real estate sales, broker or appraiser.

20.

Telephone answering, switchboard call forwarding.

21.

Tutoring or educational purposes limited to two (2) students at a time.

22.

Writing, resume services, computer programming.

C.

Prohibited Residential Home Occupations. Any uses not specifically listed in section 7.5.B are prohibited as residential home occupations in R-40, RC and R1 districts.

Rural home occupations in the Rural Development (RD) district shall be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of rural home occupations with other uses permitted in the Rural Development (RD) districts; maintain and preserve the agricultural or rural character of the area and not create a nuisance for residents in the area by exceeding traffic, smoke, noise or be a fire hazard.

The purpose of rural home occupations is to provide a means for residents in the larger lot rural development districts to participate in the type of businesses permitted in residential districts, be able to conduct the home occupation in an accessory building where necessary, and to park, on-site, vehicles required for home occupations.

A.

Requirements. Rural home occupations, where permitted, must meet the following special requirements:

1.

The minimum lot size is five acres. For lots less than five acres, the home occupation is limited to the provisions of section 7.5.

2.

The rural home occupation shall be clearly subordinate to the principal use of the parcel and shall not change the residential and agricultural character of the area. No more than 25 percent of the floor area of the principal dwelling shall be used in connection with the home occupation or storage purposes.

3.

The rural home occupation shall be conducted within a dwelling or within an accessory building provided all structure uses are harmonious in appearance with the zoning district in which the rural home occupation is located.

4.

The business of selling stocks of merchandise, supplies or products shall not be conducted on premises except under the following circumstances:

•

Orders previously made by telephone or at sales parties may be filled on premises; and

•

Incidental retail sales may be completed which are in connection with the permitted home occupation.

5.

The existence of the rural home occupation shall not be apparent outside the dwelling or accessory building in which the rural home occupation is conducted, except that one display sign as defined in Article 10 shall be permitted.

6.

No outside storage of equipment or materials used in the conduct of the rural home occupation, other than trade vehicles and their associated appurtenances, is permitted.

7.

The rural home occupation is limited to residents of the property and not more than two additional persons.

8.

No additional points of access to any street shall be permitted, unless necessary to provide safe and proper access to the proposed use.

B.

Permitted rural home occupations.

1.

All occupations permitted in section 7.5.B.

2.

Appliance repair.

3.

Barber shops/Beauty shops (limited to two stations).

4.

Cabinet making.

5.

Ceramics.

6.

Contracting, masonry, plumbing or painting.

7.

Upholstery.

8.

Antique shop.

9.

Small scale garden plants for sell to retail commercial gardening and supply stores.

C.

Prohibited rural home occupations. Any uses not specifically listed in section 7.6.B are prohibited as rural home occupations in RD districts.

All proposed cemeteries whether public, private or religious shall not be located in a floodplain area as delineated by DFIRM maps for the City.

To ensure the health, safety and welfare of the citizens the City, the following regulations shall be established for the maintenance of property:

A.

Non-functioning appliances. Non-functioning appliances shall be stored in an enclosed accessory or principal building. Any non-functioning appliances such as refrigerators, freezers, stoves, etc., shall have doors removed prior to storage.

B.

Major auto repairs. Any major auto repairs such as building motors, transmissions or heavy body work shall be done in an enclosed accessory building or on a section of property not visible from the public street.

C.

Non-licensed and Inoperable vehicles. No more than three (3) non-licensed and/or inoperable vehicles shall be stored on property outside of an enclosed accessory building.

D.

Yard Sales. Yard sales shall last for a maximum of two consecutive days from 8:00 a.m. to 5:00 p.m. in any two (2) day period. There shall not be any continuous yard sales in the City. Yard sale items shall not be stored or displayed in any yard except for the period beginning twelve (12) hours prior to the yard sale until twelve (12) hours after the yard sale.

E.

Abandoned mobile/manufactured homes. No abandoned mobile or manufactured homes shall be used as a storage or accessory building. Abandoned mobile/manufactured homes shall be removed from the property at owner's expense and upon notification by the Council that the said mobile/manufactured home is abandoned and is causing a health or safety hazard to surrounding property owners.