MINIMUM REQUIREMENTS
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 in this chapter specified for the district in which it is located.
(Ord. of 10-2-1995, § 86-701)
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.
(Ord. of 10-2-1995, § 86-702)
(a)
No building or structure shall hereafter be erected, constructed, reconstructed, or altered, except as otherwise specifically exempted in this article, to exceed the maximum height for the district in which said building or structure is located; provided, however, that the city may permit buildings and structures to exceed height limitations upon approval of a conditional use as specified in these regulations.
(b)
The height limitations established in this article shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, noncommercial radio and television towers, electricity transmission towers, utility poles and similar structures.
(Ord. of 10-2-1995, § 86-703)
No building or structure shall be erected or use established upon a lot of record as defined by these regulations except as otherwise provided in this chapter.
(Ord. of 10-2-1995, § 86-704)
Only one principal building and its accessory buildings may hereafter be erected on any one lot intended for such use; provided, however, that more than one multiple dwelling, office, institutional, commercial or industrial building may be located upon a lot, subject to setbacks, separation and zoning district as provided in these regulations.
(Ord. of 10-2-1995, § 86-705)
No principal building shall be located closer than 20 feet to another principal building.
(Ord. of 10-2-1995, § 86-706)
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 these regulations is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public purpose.
(Ord. of 10-2-1995, § 86-707)
Any land area subsequently added to the incorporated area of the city shall at the time of annexation be placed under a moratorium for a period of not more than 90 days during which no permits of any type shall be issued. Upon application for annexation, the owners of the property to be annexed shall apply for zoning as required by this chapter and state law. Upon the property being rezoned, the moratorium shall be lifted and permits shall be issued according to law.
(Ord. of 10-2-1995, § 86-708)
No building or structure shall hereafter be erected on a lot, and no lot shall be subdivided, that does not abut for at least 30 feet on a public street.
(Ord. of 10-2-1995, § 86-709)
Unless otherwise stated, any use not specifically permitted in a use district as provided in these regulations shall be prohibited in that district.
(Ord. of 10-2-1995, § 86-710)
All accessory buildings and uses shall be permitted only in side or rear yards, unless otherwise provided by these regulations. Accessory buildings and uses shall be permitted only if they meet the following:
(1)
Setback a minimum of seven feet from any lot line.
(2)
Where a building housing an accessory use is structurally attached to the principal building, it shall be subject to and must conform to all regulations applicable to the principal building and shall not be considered an accessory building.
(3)
In the case of double frontage lots, accessory buildings shall observe front yard requirements on both streets.
(4)
Detached accessory buildings shall be located a minimum of ten feet from the principal building on a lot.
(Ord. of 10-2-1995, § 86-711)
The following specified structures shall conform to the following regulations:
(1)
Fences and walls. All fences and walls shall conform to the following:
a.
No fence or wall shall be erected closer than two feet from a public right-of-way or in such a manner as to obstruct vision on a public right-of-way.
b.
Barbed wire top strands six feet above the ground may be permitted in commercial and industrial zoning districts.
(2)
Gasoline pumps. Gasoline pumps and pump islands shall be setback a minimum of 25 feet from any public right-of-way or property line.
(3)
Canopies and carports. Canopies and other attached or detached structures intended for cover shall be setback a minimum of ten feet from any public right-of-way or property line.
(4)
Nonresidential occupancy of mobile homes. Mobile homes, manufactured homes or other temporary portable structures shall not be used as a permanent or temporary office, classroom, storage or for-hire work space in any district; provided, however, that such mobile homes or structures may be used for a temporary construction office for a licensed contractor in any district, upon issuance of a permit by the building inspector. Said permit shall be temporary but renewable once after a period of six months.
(5)
Portable structures and storage buildings. Portable structures including, but not limited to, ministorage buildings, building sheds, greenhouses, playhouses, home workshops and other similar uses are allowed in residential districts provided that they meet side yard and rear yard setbacks as required by this chapter.
(6)
Swimming pools. Swimming pools accessory to residences shall be considered accessory structures and shall be enclosed by a security fence a minimum of six feet in height. Said fence shall provide security against unauthorized use of the swimming pool. A permit shall be obtained from the building inspector for siting and construction of a swimming pool. Swimming pools that are operated as an accessory use to hotels, motels or other uses shall be restricted to use by the patrons/guests of the principal use on the subject property and shall not be opened to the general public for a fee.
(Ord. of 10-2-1995, § 86-712)
A home occupation as defined by this chapter shall conform to the following requirements:
(1)
Only residents of the dwelling may be engaged in the home occupation, with the exception that employment of one person not residing in the dwelling may be permitted.
(2)
The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building or lot.
(3)
Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of a home occupation.
(4)
No internal or external alterations of the dwelling solely for the accommodation of a home occupation are permitted.
(5)
One nonilluminated, nonanimated business identification sign or nameplate not exceeding 1½ square feet in area indicating the name and/or occupation of occupant shall be permitted.
(6)
Use of a building for a home occupation shall not exceed 25 percent of one floor of the principal building. Home occupations are not permitted, in whole or part, within accessory buildings.
(7)
A business license shall be obtained from the city prior to the operation of any home occupation. Said business license shall require approval by the zoning administrator.
(8)
The following uses are allowable as home occupations (not all inclusive):
a.
Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to six students at one time;
b.
Day care centers serving six or fewer persons;
c.
Professional services (e.g., attorneys, architects, accountants, realtors, insurance and travel agents, secretarial services and answering services);
d.
Mail order and general offices not involving storage of equipment, materials or vehicles;
e.
Phone solicitations;
f.
Beauty salons and barbershops limited to two patrons at a time;
g.
Food catering; and
h.
Home products sales agents.
(Ord. of 10-2-1995, § 86-713)
(a)
The following uses are specifically prohibited as home occupations (not all inclusive):
(1)
Cabinet shops and or metal cutting;
(2)
Doctors, dentists or other medical professions;
(3)
Automobile repair or related work, small engine repair shops, landscaping, nursery, or greenhouse operations;
(4)
Retail business;
(5)
Manufacturing; and
(6)
Clairvoyance and fortunetelling.
(b)
The failure of a home occupation licensee to comply with any of the conditions contained in section 42-157 shall be reasonable grounds for the revocation of a home occupation business license.
(c)
Upon application, the city is authorized to approve as a conditional use home occupations that fail to meet up to two of these criteria.
(Ord. of 10-2-1995, § 86-713.1)
All accessory apartments shall conform to the following:
(1)
Only one accessory apartment shall be permitted per lot.
(2)
The lot must meet the minimum lot size for the zoning district in which it is located, and there must be a minimum lot area of 3,000 square feet each for both dwellings.
(3)
One additional off-street parking space for the accessory apartment is required, which must be located in a side or rear yard.
(4)
The heated floor area for an accessory apartment shall be at least 400 square feet and shall not exceed the size of the principal dwelling.
(5)
An accessory apartment must have its entrance at the side or in the rear rather than the front of the principal dwelling, and the apartment shall have an architectural treatment (brick, wood, stucco, etc.) substantially similar to that of the principal dwelling.
(6)
Accessory apartments must observe the principal building setbacks and maximum lot coverage for the zoning district in which they are located.
(Ord. of 10-2-1995, § 86-714)
All temporary elder cottage housing opportunity (ECHO) units shall conform to the following:
(1)
The unit shall have a minimum size of 280 square feet and a maximum area of 900 square feet.
(2)
All dimensional requirements of the applicable zoning district (principal building setbacks, maximum lot coverage, etc.) must be met.
(3)
The unit shall be completely skirted with an appropriate barrier, properly ventilated, to enclose the area between the bottom of the structure and the ground. Such skirting shall comply with applicable federal, state, and local law, and may, but need not, consist of a complete masonry or concrete perimeter foundation. Each unit must be installed on a safe and satisfactory foundation, in compliance with applicable federal and state law. It shall not be necessary, however, for the unit to have a complete masonry or concrete perimeter foundation, as long as the foundation utilized is safe and complies with applicable federal, state, and local laws and regulations, and as long as complete skirting of an opaque material, properly ventilated, is installed around the entire perimeter of the unit to enclose the area between the bottom of the structure and the ground. The material utilized as skirting shall be a material or product designed or manufactured for the purpose of serving as skirting and enclosing the area between the bottom of such units and the ground. Further, each unit shall be properly ventilated.
(4)
Conditions requiring unit design enhancements, such as color, siding, roof pitch, window detailing, skirting and roofing materials, may be attached to the necessary conditional use approval by the city to ensure the unit is compatible with adjacent and nearby residences.
(Ord. of 10-2-1995, § 86-715; Ord. No. 99-011, § 2, 9-7-1999)
No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between 2½ feet 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 lines.
(Ord. of 10-2-1995, § 86-716)
Except as otherwise expressly permitted, it shall be prohibited in all districts to park or continuously store abandoned, wrecked, junked or inoperable vehicles and power-driven construction equipment. Junk, as defined in section 42-1, that is visible from a public street or adjacent or abutting property is prohibited. These prohibitions shall not be construed as to prohibit the temporary repair or maintenance of automobiles owned by the property owner or the storage of such vehicles, equipment or other materials within an enclosed building provided that such vehicles, equipment or materials are not for commercial sale.
(Ord. of 10-2-1995, § 86-717)
No proposed plat of a subdivision, nor any plat of resubdivision, shall hereafter be approved by the city or by the planning commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts in these regulations and unless such plat fully conforms with state statutes and city regulations.
(Ord. of 10-2-1995, § 86-718)
New construction, signs and exterior material changes in appearance to structures, sites and objects of work proposed to take place within a historic property or historic district shall comply with all applicable provisions of chapter 20, including approval of a certificate of appropriateness.
(Ord. of 10-2-1995, § 86-719)
Signs are considered permitted accessory uses in all zoning districts. Signs shall comply with all applicable provisions of chapter 26.
(Ord. of 10-2-1995, § 86-720)
In addition to any requirements specified for the zoning district in which it is located, all manufactured homes shall comply, as applicable, with the Rules and Regulations for Manufactured Housing made and promulgated by the state safety fire commissioner pursuant to the authority set forth in O.C.G.A. § 8-2-110 et seq.
(Ord. of 10-2-1995, § 86-721)
MINIMUM REQUIREMENTS
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 in this chapter specified for the district in which it is located.
(Ord. of 10-2-1995, § 86-701)
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.
(Ord. of 10-2-1995, § 86-702)
(a)
No building or structure shall hereafter be erected, constructed, reconstructed, or altered, except as otherwise specifically exempted in this article, to exceed the maximum height for the district in which said building or structure is located; provided, however, that the city may permit buildings and structures to exceed height limitations upon approval of a conditional use as specified in these regulations.
(b)
The height limitations established in this article shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, noncommercial radio and television towers, electricity transmission towers, utility poles and similar structures.
(Ord. of 10-2-1995, § 86-703)
No building or structure shall be erected or use established upon a lot of record as defined by these regulations except as otherwise provided in this chapter.
(Ord. of 10-2-1995, § 86-704)
Only one principal building and its accessory buildings may hereafter be erected on any one lot intended for such use; provided, however, that more than one multiple dwelling, office, institutional, commercial or industrial building may be located upon a lot, subject to setbacks, separation and zoning district as provided in these regulations.
(Ord. of 10-2-1995, § 86-705)
No principal building shall be located closer than 20 feet to another principal building.
(Ord. of 10-2-1995, § 86-706)
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 these regulations is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public purpose.
(Ord. of 10-2-1995, § 86-707)
Any land area subsequently added to the incorporated area of the city shall at the time of annexation be placed under a moratorium for a period of not more than 90 days during which no permits of any type shall be issued. Upon application for annexation, the owners of the property to be annexed shall apply for zoning as required by this chapter and state law. Upon the property being rezoned, the moratorium shall be lifted and permits shall be issued according to law.
(Ord. of 10-2-1995, § 86-708)
No building or structure shall hereafter be erected on a lot, and no lot shall be subdivided, that does not abut for at least 30 feet on a public street.
(Ord. of 10-2-1995, § 86-709)
Unless otherwise stated, any use not specifically permitted in a use district as provided in these regulations shall be prohibited in that district.
(Ord. of 10-2-1995, § 86-710)
All accessory buildings and uses shall be permitted only in side or rear yards, unless otherwise provided by these regulations. Accessory buildings and uses shall be permitted only if they meet the following:
(1)
Setback a minimum of seven feet from any lot line.
(2)
Where a building housing an accessory use is structurally attached to the principal building, it shall be subject to and must conform to all regulations applicable to the principal building and shall not be considered an accessory building.
(3)
In the case of double frontage lots, accessory buildings shall observe front yard requirements on both streets.
(4)
Detached accessory buildings shall be located a minimum of ten feet from the principal building on a lot.
(Ord. of 10-2-1995, § 86-711)
The following specified structures shall conform to the following regulations:
(1)
Fences and walls. All fences and walls shall conform to the following:
a.
No fence or wall shall be erected closer than two feet from a public right-of-way or in such a manner as to obstruct vision on a public right-of-way.
b.
Barbed wire top strands six feet above the ground may be permitted in commercial and industrial zoning districts.
(2)
Gasoline pumps. Gasoline pumps and pump islands shall be setback a minimum of 25 feet from any public right-of-way or property line.
(3)
Canopies and carports. Canopies and other attached or detached structures intended for cover shall be setback a minimum of ten feet from any public right-of-way or property line.
(4)
Nonresidential occupancy of mobile homes. Mobile homes, manufactured homes or other temporary portable structures shall not be used as a permanent or temporary office, classroom, storage or for-hire work space in any district; provided, however, that such mobile homes or structures may be used for a temporary construction office for a licensed contractor in any district, upon issuance of a permit by the building inspector. Said permit shall be temporary but renewable once after a period of six months.
(5)
Portable structures and storage buildings. Portable structures including, but not limited to, ministorage buildings, building sheds, greenhouses, playhouses, home workshops and other similar uses are allowed in residential districts provided that they meet side yard and rear yard setbacks as required by this chapter.
(6)
Swimming pools. Swimming pools accessory to residences shall be considered accessory structures and shall be enclosed by a security fence a minimum of six feet in height. Said fence shall provide security against unauthorized use of the swimming pool. A permit shall be obtained from the building inspector for siting and construction of a swimming pool. Swimming pools that are operated as an accessory use to hotels, motels or other uses shall be restricted to use by the patrons/guests of the principal use on the subject property and shall not be opened to the general public for a fee.
(Ord. of 10-2-1995, § 86-712)
A home occupation as defined by this chapter shall conform to the following requirements:
(1)
Only residents of the dwelling may be engaged in the home occupation, with the exception that employment of one person not residing in the dwelling may be permitted.
(2)
The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building or lot.
(3)
Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of a home occupation.
(4)
No internal or external alterations of the dwelling solely for the accommodation of a home occupation are permitted.
(5)
One nonilluminated, nonanimated business identification sign or nameplate not exceeding 1½ square feet in area indicating the name and/or occupation of occupant shall be permitted.
(6)
Use of a building for a home occupation shall not exceed 25 percent of one floor of the principal building. Home occupations are not permitted, in whole or part, within accessory buildings.
(7)
A business license shall be obtained from the city prior to the operation of any home occupation. Said business license shall require approval by the zoning administrator.
(8)
The following uses are allowable as home occupations (not all inclusive):
a.
Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to six students at one time;
b.
Day care centers serving six or fewer persons;
c.
Professional services (e.g., attorneys, architects, accountants, realtors, insurance and travel agents, secretarial services and answering services);
d.
Mail order and general offices not involving storage of equipment, materials or vehicles;
e.
Phone solicitations;
f.
Beauty salons and barbershops limited to two patrons at a time;
g.
Food catering; and
h.
Home products sales agents.
(Ord. of 10-2-1995, § 86-713)
(a)
The following uses are specifically prohibited as home occupations (not all inclusive):
(1)
Cabinet shops and or metal cutting;
(2)
Doctors, dentists or other medical professions;
(3)
Automobile repair or related work, small engine repair shops, landscaping, nursery, or greenhouse operations;
(4)
Retail business;
(5)
Manufacturing; and
(6)
Clairvoyance and fortunetelling.
(b)
The failure of a home occupation licensee to comply with any of the conditions contained in section 42-157 shall be reasonable grounds for the revocation of a home occupation business license.
(c)
Upon application, the city is authorized to approve as a conditional use home occupations that fail to meet up to two of these criteria.
(Ord. of 10-2-1995, § 86-713.1)
All accessory apartments shall conform to the following:
(1)
Only one accessory apartment shall be permitted per lot.
(2)
The lot must meet the minimum lot size for the zoning district in which it is located, and there must be a minimum lot area of 3,000 square feet each for both dwellings.
(3)
One additional off-street parking space for the accessory apartment is required, which must be located in a side or rear yard.
(4)
The heated floor area for an accessory apartment shall be at least 400 square feet and shall not exceed the size of the principal dwelling.
(5)
An accessory apartment must have its entrance at the side or in the rear rather than the front of the principal dwelling, and the apartment shall have an architectural treatment (brick, wood, stucco, etc.) substantially similar to that of the principal dwelling.
(6)
Accessory apartments must observe the principal building setbacks and maximum lot coverage for the zoning district in which they are located.
(Ord. of 10-2-1995, § 86-714)
All temporary elder cottage housing opportunity (ECHO) units shall conform to the following:
(1)
The unit shall have a minimum size of 280 square feet and a maximum area of 900 square feet.
(2)
All dimensional requirements of the applicable zoning district (principal building setbacks, maximum lot coverage, etc.) must be met.
(3)
The unit shall be completely skirted with an appropriate barrier, properly ventilated, to enclose the area between the bottom of the structure and the ground. Such skirting shall comply with applicable federal, state, and local law, and may, but need not, consist of a complete masonry or concrete perimeter foundation. Each unit must be installed on a safe and satisfactory foundation, in compliance with applicable federal and state law. It shall not be necessary, however, for the unit to have a complete masonry or concrete perimeter foundation, as long as the foundation utilized is safe and complies with applicable federal, state, and local laws and regulations, and as long as complete skirting of an opaque material, properly ventilated, is installed around the entire perimeter of the unit to enclose the area between the bottom of the structure and the ground. The material utilized as skirting shall be a material or product designed or manufactured for the purpose of serving as skirting and enclosing the area between the bottom of such units and the ground. Further, each unit shall be properly ventilated.
(4)
Conditions requiring unit design enhancements, such as color, siding, roof pitch, window detailing, skirting and roofing materials, may be attached to the necessary conditional use approval by the city to ensure the unit is compatible with adjacent and nearby residences.
(Ord. of 10-2-1995, § 86-715; Ord. No. 99-011, § 2, 9-7-1999)
No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between 2½ feet 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 lines.
(Ord. of 10-2-1995, § 86-716)
Except as otherwise expressly permitted, it shall be prohibited in all districts to park or continuously store abandoned, wrecked, junked or inoperable vehicles and power-driven construction equipment. Junk, as defined in section 42-1, that is visible from a public street or adjacent or abutting property is prohibited. These prohibitions shall not be construed as to prohibit the temporary repair or maintenance of automobiles owned by the property owner or the storage of such vehicles, equipment or other materials within an enclosed building provided that such vehicles, equipment or materials are not for commercial sale.
(Ord. of 10-2-1995, § 86-717)
No proposed plat of a subdivision, nor any plat of resubdivision, shall hereafter be approved by the city or by the planning commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts in these regulations and unless such plat fully conforms with state statutes and city regulations.
(Ord. of 10-2-1995, § 86-718)
New construction, signs and exterior material changes in appearance to structures, sites and objects of work proposed to take place within a historic property or historic district shall comply with all applicable provisions of chapter 20, including approval of a certificate of appropriateness.
(Ord. of 10-2-1995, § 86-719)
Signs are considered permitted accessory uses in all zoning districts. Signs shall comply with all applicable provisions of chapter 26.
(Ord. of 10-2-1995, § 86-720)
In addition to any requirements specified for the zoning district in which it is located, all manufactured homes shall comply, as applicable, with the Rules and Regulations for Manufactured Housing made and promulgated by the state safety fire commissioner pursuant to the authority set forth in O.C.G.A. § 8-2-110 et seq.
(Ord. of 10-2-1995, § 86-721)