Where the owner of a lot at the time of the adoption of this article or his successors in title thereto does not own sufficient contiguous land to enable him to conform to the required dimensions in this article, such lot may be used as a building site provided that yards are established in accordance with the provisions of this article as applied to the district where the lot is located.

(Code 2004, § 152.186; Ord. No. 381, 4-10-2006)

The front yard setback requirements of this article for dwellings shall not apply to any lot where the average setback on developed lots located wholly or in part within 100 feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than the minimum setback required. In such cases, the front yard setback on such lot may be less than the required setback but not than the average of the existing setbacks on the developed lots.

(Code 2004, § 152.187; Ord. No. 381, 4-10-2006)

The height limits of the article shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, derricks, masts, radio and television towers and aerials, and similar structures not intended for human occupancy.

(Code 2004, § 152.188; Ord. No. 381, 4-10-2006)

A group project (housing, commercial, industrial, educational, medical, religions, civic) of two or more buildings to be constructed on a parcel of at least two acres in area which will not be subdivided into customary lots and streets may be constructed, provided that:

(1)

Uses shall be limited to those permitted within the district in which it is located.

(2)

Density and building coverage requirements of the district are met.

(3)

The distance of every building from the nearest property line shall be adequate to meet all setback and yard requirements of the district in which it is located.

(4)

There shall be a ten-foot planted buffer strip where such group developments abut a residential district.

(Code 2004, § 152.189; Ord. No. 381, 4-10-2006)

(a)

All commercial, industrial, institutional buildings (churches, schools and the like) and all non-residential buildings, to include all incidental and accessory buildings, shall have all exterior walls constructed of brick, stucco or textured masonry block. The exterior insulation and finish systems (EIFS) shall not be used on the exterior of commercial, industrial, institutional buildings (churches, schools and the like) and all non-residential buildings, to include all incidental and accessory buildings.

(b)

Under this article, any addition or expansion that is 25 percent or less of the total square footage of existing exterior walls does not fall under the definition of new structures.

(c)

Any addition or expansion that is 25 percent or less to an existing building, can be of materials that is of the same grade currently on the existing exterior walls. Only once such exception for a building expansion of 25 percent shall be permitted per year. The community development director may issue permits for expansion of 25 percent or less to an existing building.

(d)

The proposed design for all commercial, industrial, institutional buildings (churches, schools and the like) and all non-residential buildings, to include all incidental and accessory buildings, shall be submitted for review and approval to the community development director, and the design shall comply with the applicable building regulations and design guidelines as adopted by the city council. A design review fee will be charged to the developer/property owner.

(e)

An exterior wall palette is established to provide a color guide for exterior wall colors for new commercial construction only. This palette shall be comprised of four zones with the following brick types to be considered as guides:

• Palette Zone 1: Burgundy Blend, Jewel Clear, Admiral Red Velour, 141-145 Vertical, Caroline Rose, Belcrest 500

• Palette Zone 2: Admiral Full Range Velour, Berwick Blend, Buckingham Full Range, Garden Blend, 470-479 Dark Range Smooth, Belcrest 560

• Palette Zone 3: 8632 Velour, Nassau Medium Range, Hamilton Blend, 505 Bark, 461-463 Velour, 920-926 Matt, Alamo Blend

• Palette Zone 4: Waterford, Sunglo Matt, Madrid Blend, Old Heritage Williamsburg, Manchester Blend, Coarse Velour, Lorraine Full Range Handmade

(f)

For new commercial construction, the following property parcels, and any daughter parcels, shall consider utilizing Palette Zone 1 as a guideline for exterior wall color options: H01 071, H01 072, H01 083, H01 083A, H02 036, H02 037, H02 038, H02 039, H03 124, H03 125, H03 126, H03 132, H03 133, H03 135, H03 136, H03 137A, H03 147, H03 149, H03 150, H03 152, H03 153, H03 153A, H03 154, H03 155, H03 156, H03 157, H03 158A, H03 159A, H03 160A, H03 161, H03 162, H03 163, H03 164, H03 223, H03 224, H04 001, H04 002, H04 003, H04 004, H04 005, H04 006, H04 007, H04 008, H04 009, H04 010, H04 013, H04 014, H04 015, H04 016, H04 018, H04 019, H04 020, H04 021, H04 022, H04 041, H04 042, H04 043, H04 044, H04 045, H04 046, H04 059, H04 060, H04 061, H04 062, H04 065, H04 066, H04 067, H04 068A, H04 087.

(g)

For new commercial construction, parcels not listed in paragraph (f) and located along W Milledgeville Road from the Louisville Street intersection to the Hatcher Street intersection shall consider using Palette Zone 2 or Palette Zone 1 as a guide to exterior wall color selection. Furthermore, parcels not listed in paragraph (f) and located along E Milledgeville Road from the Louisville Street intersection to the Old Milledgeville Road intersection shall consider using Palette Zone 2 or Palette Zone 1 as a guide to exterior wall color selection.

(h)

For new commercial construction, parcels located along W Milledgeville Road from the intersection of Hatcher Street to W Boundary Street shall consider using Palette Zone 3, Palette Zone 2 or Palette Zone 1 as a guide to exterior wall color selection. Furthermore, parcels located along E Milledgeville Road from the Old Milledgeville Road intersection to the 2022 Harlem city limits shall consider using Palette Zone 3, Palette Zone 2 or Palette Zone 1 as a guide to exterior wall color selection.

(i)

For new commercial construction, parcels located along W Milledgeville Road from the intersection of W Boundary Street to the western Harlem city limits shall consider using Palette Zone 4, Palette Zone 3, Palette Zone 2 or Palette Zone 1 as a guide to exterior wall color selection.

(j)

For new commercial construction, parcels located in the Regional Center Character Area as shown on the Harlem Character Areas map on page 63 of the Harlem Georgia Comprehensive Plan 2021-2026 shall consider using Palette Zone 1 as a guide to exterior wall color selection.

(k)

Confirmation of exterior wall colors shall be confirmed by the Harlem Historic Preservation Commission if new commercial construction takes place within its service area. For new commercial construction taking place outside the service area of the Harlem Historic Preservation Commission, confirmation shall be provided by the community development director.

(Code 2004, § 152.190; Ord. No. 381, 4-10-2006; Am. Ord. No. 418, 10-20-2008; Am. Ord. No. 433, 9-21-2009; Ord. No. 2205, 4-25-2022; Ord. No. 2309, 6-26-2023)

Editor's note— Ord. No. 2205, adopted April 25, 2022, amended § 108-271 and in doing so changed the title of said section from "Facades" to "Exterior walls," as set out herein.

All commercial development which abuts a residential district shall have a 20-foot plated buffer strip between it and the residential property. A six- to eight-foot fence must be installed on rear buffer.

(Code 2004, § 152.191; Ord. No. 381, 4-10-2006)

The lawful use of any building or structure or land existing at the time of the enactment of this article may be continued even though such use does not conform with the provisions of this article except that the nonconforming structures or use shall not be:

(1)

Changed to another nonconforming use;

(2)

Re-established after discontinuance for six months, whether or not there is an intent to abandon said nonconforming use;

(3)

No such nonconforming use of land shall in any way be extended, either on the same or adjoining property;

(4)

Rebuilt, altered, or repaired after damage exceeding 50 percent of its assessed value at the time of destruction, except in conformity with this article;

(5)

A nonconforming commercial sign structure shall be considered abandoned by the owner if no occupational tax certificate is issued for the commercial site property for the preceding 366 days.

(Code 2004, § 152.192; Ord. No. 381, 4-10-2006; Ord. No. 2124, 12-27-2021)

All nonconforming uses not contained on within a building except those which are incidental and necessary to activities within a building shall be discontinued within three years from the date of adoption of the ordinance from which of this article is derived or amendment thereto. Nonconforming uses to be discontinued include, but are not limited to, outdoor sales area, automobile parking lots, trailer courts, junkyards, storage yards, outdoor advertising signs, and similar uses, including small buildings incidental to such uses.

(Code 2004, § 152.193; Ord. No. 381, 4-10-2006)

(a)

Off-street parking required. No building hereinafter shall be erected, nor any of the following uses shall be established, nor any principal building enlarged or increased in capacity by adding dwelling units, guest rooms, seats, and/or floor area unless the minimum number of parking spaces as specified below are provided. Each parking space shall be at least 200 square feet with a minimum width of no less than ten feet, shall have access for vehicles to a private street, and shall be improved with an asphalt or concrete surface. Handicap spaces shall comply with the requirements of the Americans with Disabilities Act. Spaces for single-family residential lots are exempt from material requirements. Parking lots for more than five vehicles shall provide sufficient turning space to prevent cars from backing into the street.

(1)

Automobile repair garages. One space for each regular employee plus one space for each 250 square feet of floor area used for repair work.

(2)

Funeral parlors. One space for each 300 square feet of floor space.

(3)

Gasoline filling stations. Ten spaces for each grease rack or similar facility.

(4)

Hospitals and nursing homes. One space for each five beds plus one space for each staff or visiting doctor, plus one space for each four employees including nurses.

(5)

Hotels. One space for each guest room available for rent.

(6)

Industrial establishments. One space for each two employees at maximum employment on a single shift, plus one space for each company vehicle operating from the premises.

(7)

Lodges and clubs. One space for each eight members.

(8)

Offices. One space for each 300 square feet of floor space.

(9)

Places of amusement or public assembly without fixed seats. One space for each 150 square feet of floor area devoted to patron use.

(10)

Places of amusement or public assembly with fixed seats. One space for each four seats in the main assembly hall.

(11)

Residential. Two spaces for the initial (Master) bedroom and one additional space for each additional bedroom.

(12)

Restaurants. One space for each four chairs, plus one space for each four employees.

(13)

Retail business. One space for each 200 square feet of sales area.

(14)

Boardinghouses and roominghouses. One space for each guest room.

(15)

Schools. One space for each 30 pupils in primary schools, one space for each four students in high school and one space for each student in higher education, plus an additional space for each employee.

(16)

Tourist courts and motels. One space for each accommodation.

(17)

Manufactured housing parks. One space for each trailer.

(18)

Wholesale business. One space for each 300 square feet.

(19)

Apartments and townhouses. In addition to item 11 above, apartment developments and townhouse developments shall provide additional off-street parking at a ratio of one space of off-street parking for every three residential developments.

(b)

Pervious surface requirements. The community development director may administratively approve an alternative permanent surface material or a substitute for concrete curbs, or both, which best fits the needs of the parking application. The department, in making such a determination, shall find that:

(1)

The alternative surface will not degrade the public street;

(2)

The alternative surface will adequately withstand the anticipated parking demand; and

(3)

The alternative surface will reduce the impervious surface area of the parcel or parking lot.

(c)

Pervious surface treatment applied. The following provisions apply to parking areas where a pervious surface treatment is applied to the area dedicated to off-street automobile parking spaces and drive aisles:

(1)

Parking lot areas eligible for pervious or permeable surfaces include parking spaces and access aisles but not driveways, parking lot perimeter roads or heavily used parking access drives. The design engineer shall be required to demonstrate how the surface design will be satisfactory for the intended use.

(2)

Pervious surfaces include pervious concrete and asphalt, pervious pavers and turf block or other surface treatment approved by the department. Loose gravel, crusher run, sand or native soils are not permitted and may not be approved.

(3)

The stormwater reductions that result from permeable pavement may be considered in any stormwater management plans.

(d)

Temporary outdoor display. There may be placed in off-street parking areas, temporary outdoor displays and sales of products which are related to the primary business use, such as shrubs, plants, flowers, seasonal greenery, Christmas trees, and the like, following administrative review by the department. Temporary outdoor displays shall not exceed 30 days within a three-month period. To obtain approval for a temporary outdoor display:

(1)

The owner of the property or an agent of such owner shall submit a plan and description of the merchandise to be displayed on a form provided by the department.

(2)

The owner or the owner's agent must demonstrate that the display will be safe, stable, and visually appealing.

(3)

The owner or the owner's agent must demonstrate that the required numbers of parking spaces for land uses as specified in this section are provided.

(Code 2004, § 152.194; Ord. No. 381, 4-10-2006; Am. Ord. No. 476, 12-22-2014; Ord. No. 2228, 11-28-2022)

If the required automobile parking spaces cannot be provided on the same lot where the principal use is conducted, such spaces may be provided on other off-street property provided that such property lies within 400 feet of the main entrance to such principal use. The automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

(Code 2004, § 152.195; Ord. No. 381, 4-10-2006)

Required parking spaces may extend up to 100 feet into a residential district provided that the parking space adjoins a commercial or industrial district and has its only access on the same street as the property for which it serves and is separated from abutting residences by a planted buffer strip at least 20 feet wide.

(Code 2004, § 152.196; Ord. No. 381, 4-10-2006)

On every lot on which a business, trade or industry is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public street or alley.

(1)

Retail business. Ten percent of the floor area.

(2)

Wholesale and industrial. Five percent of the floor area.

(3)

Bus and truck terminals. Sufficient space to accommodate the maximum number of buses or trucks that will be stored and loading or unloading at any one time.

(Code 2004, § 152.197; Ord. No. 381, 4-10-2006)

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof, for which a building permit has been granted prior to the adoption of this article, provided construction shall start within 60 days after the granting of such permit.

(Code 2004, § 152.198; Ord. No. 381, 4-10-2006)

In all use districts except the B-1 Downtown Business District, no fence, wall, shrubbery, sign or other obstruction to vision between the heights of three feet and 12 feet shall be permitted within 60 feet of the intersection of the centerlines of streets or of streets and railroads.

(Code 2004, § 152.199; Ord. No. 381, 4-10-2006)