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Helen City Zoning Code

DIVISION 4

SUPPLEMENTAL REGULATIONS

Sec. 34-251. - Yard requirements.

(a)

Front yard: No parking areas, structures, fences or patios shall be allowed in the first ten feet of a front yard, measured from the street or highway right-of-way. A five-foot wide sidewalk shall be constructed in this area parallel to the street or highway when it is not feasible to construct a five-foot wide sidewalk parallel to the street or highway within the street or highway right-of-way. The design of the remaining area of this ten-foot strip shall follow the criteria found under the definition of a yard. The remainder of the front yard can have parking and/or drive through and walk to the building entrance, if a three-foot landscape strip can be placed next to the building. The parking and drive area layout must follow the parking criteria in section 34-254. A patio can be constructed between the ten-foot strip and the building. No fences can be constructed between the ten-foot strip and the building except if the project is allowed a buffer along the side property line in conformance with the buffer criteria defined in this section. Should buildings on the property be existing, and be located on the property that will not allow this criteria to be complied with, the planning design and review board shall review a submitted design of the front yard, and make a recommendation to the city council for granting a variance, based on the best interest of the community and the property owner.

(b)

Side yard: No structures shall be allowed in a side yard. Parking and/or a drive through and/or walk to the building entrance is permitted in a side yard, if a six-foot landscaped strip can be placed between the side property line and the parking and/or drive through and/or walk area, and a three-foot landscaped strip can be placed between the parking and/or drive through and/or walk and the building. The parking and drive area layout must follow the parking criteria in section 34-254. A patio can be constructed in the area from the six-foot strip to the building. No fences can be constructed in the side yard except if the project is allowed a buffer along the side property line in conformance with the buffer criteria defined in this section. Should buildings on the property be existing, and be located on the property that will not allow this criteria to be complied with, the planning design and review board shall review a submitted design of the side yard, and make a recommendation to the city council for granting a variance, based on the best interest of the community and the property owner.

(c)

Rear yard: No parking areas, structures, fences, or patios shall be allowed in the first ten feet of a rear yard measured from the rear property line, if this line is common to another parcel of land.

If the rear property line is common to a street or highway right-of-way, no parking areas, structures, fences, or patios shall be allowed in the first ten feet of a rear yard, measured from the street or highway right-of-way. A five-foot wide sidewalk shall be constructed in this area parallel to the street or highway when it is not feasible to construct a five-foot wide sidewalk parallel to the street or highway within the street or highway right-of-way. The design of the remaining area of this ten-foot strip shall follow the criteria found under the definition of a yard.

In either of the above situations, the remainder of the rear yard can have parking and/or a drive through and/or walk to the building entrance, if a three-foot landscape strip can be placed next to the building. The parking and drive area layout must follow the parking criteria in section 34-254. A patio can be constructed between the ten-foot strip and the building. No fences can be constructed between the ten-foot strip and the building except if the project is allowed a buffer along the side property line or rear property line in conformance with the buffer criteria defined in this section.

Should buildings on the property be existing, and be located on the property that will not allow this criteria to be complied with, the planning design and review board shall review a submitted design of the rear yard, and make a recommendation to the city council for granting a variance, based on the best interest of the community and the property owner.

(Ord. No. 90-3, § 6(A), 6-19-90; Ord. No. 96-07-02, 8-19-96)

Sec. 34-252. - Buffers.

(a)

Generally. A buffer is a landscaped strip of land, enhanced to ensure proper screening between noncompatible zoning or business uses. Items permitted to be utilized in the buffer strip include but are not limited to plantings, planters, fences, walls, or earth berms.

(b)

Requirements:

(1)

A buffer shall be planted or erected between noncompatible zoning or business land uses as may be determined by the planning design and review board.

(2)

The buffer requirements of this section shall be placed on the considered projects side of the property line.

(3)

The location of all undisturbed buffer shall be determined by the enforcement officer or the city commission, with the advice and consent of the planning and design review board.

(4)

The buffer, as required in this section, shall be established and maintained by the owner of the property on which the buffer exists.

(5)

The undisturbed buffer area shall be shown, and designated as a permanent easement, on each plat prior to approval.

(6)

Existing vegetation shall be utilized, or supplemented with additional plantings, where required.

(7)

There shall be no structures erected within the buffer except those specified or used for drainage purposes.

(8)

The buffer area shall be in place in accordance with the approved plan prior to the issuance of a certificate of occupancy.

(c)

Buffer requirements between dissimilar zoning districts or commercial businesses:

Zoning Buffer required
(in addition to setback
requirements)
(feet)
(1) Single-family/multifamily 10
(2) Single-family/commercial 15
(3) Single-family/industrial 20
(4) Multifamily/commercial 15
(5) Multifamily/industrial 20
(6) Commercial/industrial 20

 

Commercial Businesses Buffer required
(in addition to setback
requirements)
(feet)
(1) Restaurants 0—6 (buffer width equals side setback requirement;
see zoning district regulations for side setbacks)
(2) Hotel/motel
(3) Shopping areas
(4) Utilities
(5) Package liquor stores
(6) Day care centers
(7) Service stations
(8) Amusement parks
(9) Automotive repair
(10) Banks and financial offices
(11) Grocery stores
(12) Public housing
(13) Car washes
(14) Mini-warehouses
(15) Small animal facilities

 

(d)

Composition. A fence, by definition, constructed one foot off the property line, may be substituted for the buffer widths listed above, if the following requirements are met:

(1)

The fence must be erected to a height of at least four feet.

(2)

The fence shall be constructed of wood, stone, brick, concrete, or concrete masonry units. If the material is wood, it shall be painted or stained with one of the approved Helen colors. If the material is concrete masonry units, all exposed surfaces shall be stuccoed with a heavy textured stucco and painted with one of the approved Helen colors.

(3)

Unfinished fences shall not be permitted.

(4)

Where existing natural vegetation and site topography are insufficient to accomplish the purpose of the required undisturbed buffer area, existing vegetation will be supplemented. Such additional plantings shall consist of evergreen trees and shrubs not less than four feet in height, or trees and shrubs that will attain a height of four feet within three years in the course of normal growth.

The use of native vegetation is encouraged whenever possible.

(Ord. No. 90-3, § 6(B), 6-19-90; Ord. No. 96-07-02, 8-19-96)

Sec. 34-253. - Trees.

(a)

The purpose and intent of this section is to preserve and/or create as much natural vegetative environment as possible; therefore, all zones must have a coverage of tree dripline area of no less than 25 percent of the total property area (excluding the area of the building footprint plus 15 feet around the building perimeter). The following requirements shall be met:

(1)

In areas where substantial tree coverage exist as many trees as possible shall be preserved; however, any individual tree with an eight-inch caliper or larger shall not be removed without prior approval of the planning and design review board regardless of its location on the property.

Exemption: Pine trees are exempt from this requirement; however, for each three pines (with an eight-inch caliper or larger) that are removed one hardwood tree must be planted, or the provisions of subsection (a) above must be met, whichever provides for the greater tree coverage.

(2)

In areas where no trees exist, hardwood trees of at least eight feet in height, indigenous to the area must be planted, and which upon maturity will provide the minimum coverage in subsection (a) above. Placement of trees to be planted must be clearly shown on the landscaping plan.

(b)

Meeting the initial minimum requirements of subsection (a) also requires the proper treatment and protection of trees used to meet this requirement. This means that if any tree used to meet the requirement dies within five years of the approval for development, it must be replaced by a tree of at least eight feet in height and the new tree must meet the same five-year requirement.

(c)

Not to exclude the use of others which might be approved subject to their meeting the height or growth requirements stated herein, the following plants are approved for this purpose:

Common name Botanical name
Trees:
Southern Magnolia Magnolia grandiflora
Eastern Red Cedar Juniperus virginiana
Maple family Acer spp.
Oak family Quercus spp.
River Birch Betula nigra
Tulip Poplar Liriodendron tulipifera
Eastern Redbud Cercis canadensis
Dogwood Cornus florida
Shrubs:
Cleyera Cleyera japonica
American Holly Ilex opaca
Hybrid Rhododendron Rhododendron hybirda
Mountain Laurel Kalmia latifolia
Flame Azalea Rhododendron calendula ceum
Ground cover:
Shore Juniper Junipers conferta
Honeysuckle Lonicera sonipervirens
Periwinkle Vinca minor
English Ivy Hedera helix
Daylilies Hemerocallis spp.
Cherokee Rose Rosa laevigata
Hickory Carya

 

(Ord. No. 90-3, § 6(C), 6-19-90; Ord. No. 91-3, 4-16-91; Ord. No. 96-07-02, 8-19-96)

Sec. 34-254. - Parking regulations.

(a)

Purpose. The purpose of parking regulations is to ensure enough off-street parking area so that the street traffic is not impaired, while providing for the orderly flow of traffic.

(b)

Requirements.

(1)

The parking area shall be paved according to the following design standards:

a.

Asphalt.

Light duty (auto):

1.

6 inches of graded aggregate base.

2.

2 inches of type E or F asphalt.

Heavy duty (trucks):

1.

6 inches of graded aggregate base.

2.

2 inches of type B asphalt or plant mix base.

3.

1½ inches of type E or F asphalt surface.

All materials and workmanship shall conform to current state DOT specifications.

b.

Concrete.

1.

Light duty (auto): 5 inches 3000 # strength.

2.

Heavy duty (trucks): 8 inches 3000 # strength.

All materials and workmanship shall conform to current state DOT specifications.

c.

Alternative paving material will be considered by the planning and design review board, including brick pavers, cobblestones and other suitable materials.

(2)

Parking space dimensions shall be equal to or greater than:

a.

Standard space: 9 feet by 19 feet.

b.

Parallel space: 9 feet by 23 feet.

c.

Handicapped space: 13 feet by 20 feet.

d.

Loading space: 10 feet by 50 feet.

(3)

The width of the interior driveways shall be measured from the back of curb to the back of curb according to the following standards:

a.

One-way traffic: 12 feet.

b.

Two-way traffic: 24 feet.

(c)

Minimum space requirements.

(1)

Amusement park: one space per hole for miniature golf, one space per every five seats on carnival type rides, and one space per two employees; with a minimum total of 20.

(2)

Automobile sales and service: one space per every 300 square feet of gross floor area.

(3)

Apartments (garden or multi): one space per bedroom; minimum two spaces per unit.

(4)

Churches: one space per four seats in the main assembly area.

(5)

Clubhouses: one space per 200 square feet of floor area.

(6)

Commercial entertainment and recreation: one space per 100 square feet of gross floor area. One per every four seats for places of assembly containing fixed seats.

(7)

Condominium: one space per bedroom; minimum two spaces per unit.

(8)

Day care centers: 2.5 spaces per classroom.

(9)

Duplexes: one space per bedroom; minimum two spaces per unit.

(10)

Gas service station/convenience store: three spaces per service bay with a minimum of eight spaces.

(11)

Golf courses: two spaces per hole, plus ten for the clubhouse and one for every two employees.

(12)

Hotel/motel/motor court: one space per unit and one per every two employees.

(13)

Industrial plant: one space per 200 square feet of gross floor space or one space per every two employees, whichever is greater.

(14)

Office: one space per 200 square feet.

(15)

Office/medical: five spaces per practitioner.

(16)

Residence, single-family: two spaces per unit.

(17)

Restaurant: one space per every four seats plus one space for every two employees, plus, where drive through service is provided, three spaces per service window.

(18)

Retail: four spaces per 1,000 square feet of gross floor area.

(19)

School, primary/elementary: two spaces per classroom.

(20)

Taverns and clubs: one space per 100 square feet of gross floor area.

(Ord. No. 90-3, § 7, 6-19-90)

Sec. 34-255. - Home occupations.

(a)

Definition. A home occupation is an occupation for gain or support which is customarily conducted at the home, which is incidental to the use of the dwelling unit, which employs not more than two people not residents of the premises, and utilizes not more than 25 percent of the total actual floor area is used for the home occupation purposes.

(b)

Requirements:

(1)

No more than two persons, other than members of the family residing on the premises, shall be engaged in such home occupation.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes, with no more than 25 percent of the total actual floor area of the dwelling unit being used in the conduct of the home occupation.

(3)

No home occupation shall be conducted in any accessory building.

(4)

There shall be no change in the outside appearance of the building or premises.

(5)

Other than one sign, there shall be no visible evidence of the conduct of such home occupation. This sign shall be mounted against the wall of the principal building, shall be nonilluminated, and shall not exceed one square foot in area.

(6)

No inventory of goods for sale shall be stored or maintained in or about the premises.

(7)

No traffic, other than that which would normally be expected in a residential neighborhood, shall be generated by the home occupation.

(8)

No materials, equipment or business vehicles may be stored or parked on the premises, except one business vehicle with a carrying capacity that does not exceed a one-half ton. This vehicle must be used exclusively by the resident and may be parked in the carport, garage, rear yard or side yard.

(9)

The offsite employees of the home occupation shall not congregate on the premises for any purpose not concerning the business of the home occupation.

(10)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses at the lot line of the operation in other than a single-family residence.

(11)

In the case of electrical interference, no equipment or process shall be used which creates unusual or audible interference in any radio or television receiver off the premises, or cause fluctuations in electrical line wattage off the premises.

(12)

Home occupations shall be allowed in single family dwelling units, duplexes and townhouses. They shall be prohibited from condominium or apartment developments.

(Ord. No. 90-3, § 8, 6-19-90)

Sec. 34-256. - Outdoor holiday lighting.

(a)

Purpose. The purpose and intent of this section is to provide a uniform lighting plan for outdoor holiday lights in the commercial business districts in the city. The city desires to promote tourism, minimize intrusion, and enhance city aesthetics during the holiday season as a matter of public policy. Accordingly, it is the purpose of this chapter to establish community standards for the use of outdoor holiday lighting within the city's commercial business districts which enhance the aesthetics of the city, promote tourism within the city's commercial business districts, provide a uniform appearance for these purposes, delineate a timetable for the use of holiday lighting, establish limits of illumination levels, and provide for energy conservation.

(b)

Definitions.

Commercial buildings are defined as including those buildings and all lodging facilities within the C-1, C-2, C-3 and hotel/motel zoning classifications of the city.

C7 lights are defined as traditional larger holiday lights burning at five watts each.

LED lights are defined as lights which use a light emitting diode for illumination, rather than a traditional filament.

(c)

Requirements. Holiday lighting shall comply with the following standards:

(1)

All commercial buildings within the city limits must comply. Lighting must be either warm white LED lights or C7 clear lamps on SPT1 or SPT 2 wiring.

(2)

Lamps/lights must be located every six inches on either green or white wiring, and must be maintained in good working order.

(3)

The lights must be operational from each Friday before Thanksgiving through the last day of February.

(4)

Lights must edge the rooflines of the building, wherever the building is visible from a city street, Georgia Highway 75, or from any other right-of-way within the city.

(5)

The lighting along the roofline edge is to include the peaks, gables, and other architectural features of the building roof.

(6)

Lights must be operational from dusk till dawn.

(Ord. No. 08-11-02, 1-6-09; Ord. No. 09-06-02, 7-21-09; Ord. No. 19-05-01 , 6-11-19)