Where the owner of a plot of land consisting of one or more lots of record in any district at the time of the adoption of this ordinance, or his successor in title thereto, does not own sufficient contiguous land to enable him to conform to the minimum area and width requirements of this ordinance, such plot of land may nevertheless be used as a building site; provided, however, that the use requirements of the particular district are complied with.

The front yard setback requirements of this ordinance for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed structure in the same block and use district and fronting on the same street as such lot, is less than the minimum required front yard depth. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or within ten feet of the street right-of-way line, whichever is greater.

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, silos, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials and similar structures, except as otherwise prohibited in the vicinity of airports.

On a corner lot in any residential or professional residential district no planting, structure, fence, wall or obstruction to vision more than three feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street lines, each of which is 25 feet distant from the point of intersection. In addition, no type of structure, vehicle, tree, plant, vegetation, sign or fence, or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision clearance of corners, curb cuts, or within 20 feet of a railroad crossing in any zone.

In any residential or professional residential district the side yard requirements for corner lots along the side street line shall have an extra width of ten feet. Accessory buildings shall observe all setback requirements on both streets.

A group project (commercial, educational, medical, religious or civic) of two or more buildings to be constructed on a plot of land of at least two acres but not to be subdivided into customary streets and lots, and which will not be subdivided, may be constructed provided:

96.1 Such uses are limited to those permitted within the zoning district in which the project is located.

96.2 The overall intensity of land use is no higher and the standard of open space is no lower than that permitted in the district in which the project is located.

96.3 The distance of every building from the nearest property line shall meet the front, rear, and side yard requirements of the district in which the project is located.

96.4 The building heights do not exceed the height limits permitted in the district in which the project is located.

96.5 If the property lies within or abuts upon a residential or professional residential district there shall be a ten-foot wide planted buffer strip along the rear and/or side lot lines abutting the residential or professional residential lots.

The board of commissioners for the City of Jesup may from time to time vary the strict application of any of the requirements of this ordinance in the case of exceptional irregular, narrow, shallow or steep lots, in the case of subdivision lots where the subdivision was in existence prior to the effective date of this ordinance, or where strict application of the ordinance would result in practical difficulty or unnecessary hardship that would result or deprive the owner of the reasonable use of the land in question or buildings thereon, or where strict application of the ordinance would result in usage of the land which would not conform with other property in the immediate vicinity and neighborhood. In granting a variance, the board of commissioners shall prescribe the conditions that it deems necessary to protect the best interest of the property owners in the immediate area.

Any person desiring that a variance be granted by the board of commissioners shall file a written request with the clerk of the City of Jesup, together with $10.00, setting forth the following information:

(1)

Name and address of the property owner who desires a variance;

(2)

Address, location and description of the lot(s) on which such variance would apply;

(3)

List of reasons why said variance is sought and needed. Upon receipt of said request, it shall be the duty of the clerk of the City of Jesup to present same to the planning commission for its recommendations.

The planning commission shall make its report on recommendations to the city commission within the time required by this ordinance, by delivering its report to the clerk of the city. Upon receipt of the recommendations of the planning commission, or within 60 days after the request has been presented to the planning commission, it shall be the duty of the clerk of the City of Jesup to cause notice of such proposal to be published one time in the official gazette of the city setting forth the name of the person or body desiring or proposing the variance and the subject of the proposed variance, and the time and place for a public hearing on such proposal.

At the time and place described in the notice, the board of commissioners shall conduct a public hearing thereon and the person proposing the variance may appear in support of the same and any persons opposing such variance shall be given the opportunity to be heard.

The board of commissioners shall, after hearing, determine whether or not the variance will be granted.

If the board of commissioners does not grant such variance, then any further petition for a variance on the same lot(s) cannot be resubmitted for a period of one year.

(Ord. of 1-6-1976, § 1)