This section shall apply to all construction, development and use of property located within the city upon adoption of this chapter. The standards of this section are intended to provide inherent and administrative authority to redress exceptional circumstances in a practical manner.

(Ord. No. 05-08, § 2(9.01), 8-15-2005)

Temporary buildings or manufactured units shall not be permitted in any district except in conjunction with a bona fide construction hardship. Construction hardship is defined as a circumstance created by the loss of commercial, institutional or industrial space associated with structural damage caused by fire, flooding, wind or similar occurrence which has resulted in a need for replacement space. A hardship may also be associated with building renovation or refitting, necessitating the temporary relocation of fixtures, furnishings or equipment. A construction hardship may also be associated with new construction where new space to be provided by such construction is needed on a more immediate basis.

A permit for installation of a manufactured unit associated with a construction hardship may be issued under the following circumstances and subject to the following conditions:

(1)

A manufactured unit may be stored and occupied on property in any non-residential zoning district for which a building permit or permits have been issued and the primary function of the unit is temporary offices, storage space or related purposes, subject to approval by the code enforcement officer. Storage of such units on residentially zoned property shall be permitted only in conjunction with site construction.

(2)

A maximum of one manufactured unit for each acre of land shall be permitted as a temporary structure, provided that a maximum of three such units shall be permitted on any property.

(3)

Location of all such manufactured units shall comply with the building setbacks of the most restrictive adjoining zoning district.

(4)

All such manufactured units shall be completely removed from the premises within 30 days of completion of construction and prior to issuance of a certificate of occupancy pertaining to the building associated with the construction hardship, provided however, that no such unit shall be permitted on the premise for a period exceeding one year.

A permit for the placement of a P.O.D.S. unit associated with a construction hardship may be issued under the following circumstances and subject to the following conditions:

(1)

A P.O.D.S. unit may be placed on property in any non-residential zoning district for which a building permit or permits have been issued and the primary function of the unit is temporary storage space, subject to approval by the code enforcement officer. Storage of such units on residentially zoned property shall be prohibited.

(2)

The property owner or contractor shall submit a site plan subject to approval by the code enforcement officer demonstrating compliance with the building setback of the most restrictive adjoining zoning district.

(3)

All such units shall be removed from the premises within six months of placement on the property and prior to issuance of a certificate of occupancy pertaining to the building associated with the construction hardship.

(Ord. No. 05-08, § 2(9.02), 8-15-2005)

No dwelling unit or other permanent structure shall be moved within or into the city without approval of the code enforcement officer who shall verify compliance with all standards of the zoning district in which the structure will be located. The public works director shall represent the city in all matters pertaining to the actual relocation of the structure.

(Ord. No. 05-08, § 2(9.03), 8-15-2005)

(a)

Fences of a woven-wire type referred to a "chain link" or hurricane fencing, of ornamental metal, of ornamental masonry, or of wood, not exceeding six feet in height, may be placed within yard areas of any residential zoning district; except, however, such fences located in the front yard, including that portion to the front of the principal dwelling shall not exceed four feet in height.

(b)

Fences not exceeding eight feet in height may be placed within yard areas of any commercial and industrial zoning district.

(c)

The use of barbed-wire, razor wire or similar fencing materials is specifically prohibited in all zoning districts; except such fencing materials may be allowed in M-1, light industrial districts upon approval by the code enforcement officer.

(d)

No fence, building, sign, planting or other obstruction above a height of three feet nor below a height of ten feet shall be established or maintained within 15 feet of the intersection of the right-of-way of two streets, a street intersection with a railroad right-of-way, nor at the intersection of a private driveway and a public right-of-way.

(e)

Fence construction shall be double-faced or shadow box construction. In no event shall support fencing structure be visible from the right-of-way or adjacent property.

Any fence may be prohibited if, in the opinion of the code enforcement officer or the chief of police, that fence obstructs the vision of motorists to the public rights-of-way so as to create a dangerous condition, or if for some other reason such fence would endanger the public safety or general welfare.

(Ord. No. 05-08, § 2(9.04), 8-15-2005)

Exterior storage yards (excluding vehicles for sale or lease) shall be prohibited in any districts except the C-2 and M-1 districts. Exterior storage yards shall be enclosed by an opaque fence not less than six feet in height (except where otherwise stated and approved by the zoning administrator or his designee) to provide visual screening. Such use shall not be located along an arterial roadway and shall be subject to the following:

(1)

The regulations of the applicable zoning district.

(2)

No open storage of wrecked or inoperable automobiles or trucks.

(3)

No vehicle parts, equipment or waste materials shall be stored outside any building.

(Ord. No. 05-08, § 2(9.05), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Bulk sanitation containers shall not be located within a detached single-family district. Such installations as are permitted shall be limited to rear or side yards and shall be located in a manner as to be screened from view from the public right-of-way. No bulk container shall be located within 50 feet of a structure utilized for detached, single-family residential purposes. The zoning administrator or his designee may approve an exemption from the 50-foot requirement when site conditions prohibit reasonable compliance. The property owner or tenant shall submit a plan for approval by the zoning administrator or his designee, including provisions for utilizing appropriate screening such as an opaque fence and landscaping to achieve a screen having a minimum height of eight feet and demonstrating compliance with the building setback of the most restrictive adjoining zoning district.

Bulk sanitation containers may also be placed on a lot during the period of development or construction. The property owner or contractor shall submit a site plan subject to approval by the zoning administrator or his designee demonstrating compliance with the building setback of the most restrictive adjoining zoning district. All such containers shall be removed from the premises within 30 days of completion of construction and prior to issuance of a certificate of occupancy.

(Ord. No. 05-08, § 2(9.06), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The front yard shall be considered as parallel to the street upon which the lot has its least dimension. The side yard on the street side of any residential lot may be reduced to a dimension of not less than 50 percent of the required front yard.

(Ord. No. 05-08, § 2(9.07), 8-15-2005)

The required front yard of the zoning district shall be provided on each street frontage.

(Ord. No. 05-08, § 2(9.08), 8-15-2005)

No lot zoned in a single family classification shall be occupied by more than one principal building. More than one related building may be located upon a lot, except lots established in an R-1, R-2 or R-C district, provided no such building encroaches upon the required yard area of such lot, nor exceeds the lot coverage ratio.

(Ord. No. 05-08, § 2(9.09), 8-15-2005)

No accessory building shall exceed the height of the principal dwelling in any residential district, nor shall the combined total area of all accessory buildings on a lot exceed the larger of 800 square feet in area or 25 percent of the floor area of the principal dwelling. Calculation of floor area shall not include basement areas. All accessory buildings shall be set back a minimum of 100 percent of the front yard setback for the district; however no accessory building other than a detached garage may be located between the principal dwelling and the public right-of-way. A minimum side yard and rear yard setback of five feet shall apply to accessory building located a distance greater than 20 feet from the principal dwelling; otherwise the building setbacks for the principal dwelling shall apply to the accessory building.

All accessory structures established on the street side of a corner lot and located a distance equal to or less than the dimension of the required side yard for principal dwellings in the zoning district in which the lot is situated shall be screened through the installation of landscaping or stockade-type fence. Such screening shall comply with provisions of article XV of this chapter.

The exterior finishes and color of all accessory structures shall be identical to the exterior finish and color of the principal dwelling on which the accessory structures are located. For brick construction, only the characteristics of the trimwork shall apply to the accessory buildings.

No accessory structure shall be located upon a lot until construction of the principal building has been completed and a certificate of occupancy has been issued.

No plumbing beyond a wash sink shall be permitted in an accessory structure.

The number of individual structures accessory to a residential use shall be controlled by the following schedule:

NOTE: This schedule provides for the indicated number of structures and one detached garage.

(Ord. No. 05-08, § 2(9.10), 8-15-2005)

Every part of a required yard shall be open to the sky except as authorized elsewhere in this section. Ordinary projection of sills, belt courses, cornices and ornamental features may project a maximum distance of 18 inches into a required yard.

(Ord. No. 05-08, § 2(9.11), 8-15-2005)

An unenclosed porch, paved terrace or deck may project into a yard a maximum distance of 50 percent of the required yard.

(Ord. No. 05-08, § 2(9.12), 8-15-2005)

Residential density standards determining the number of dwelling units per unit of land shall be calculated from all the land within the boundaries of the tract being developed, including right-of-ways, wetlands, floodplains and standing bodies of water.

(Ord. No. 05-08, § 2(9.13), 8-15-2005)

(a)

A home occupation is considered any occupation or activity carried on within a residence by at least one person residing in said residence. Any person desiring to carry on a home occupation must comply with the requirements set forth in chapter 18, "Businesses" (such as occupation tax registration). Home occupations are permitted in all residential districts, provided conformance to the following standards is maintained:

(1)

Number of persons. The use shall be conducted entirely within the dwelling unit or an accessory building and only persons living in the dwelling, plus a maximum of two individuals who are not resident on the property, shall be engaged in the home occupation. At least one person engaged in the home occupation must be a resident of said dwelling.

(2)

Incidental use. Use of the dwelling for the home occupation shall be clearly incidental and subordinate to the primary residential use. Such occupations shall be located and conducted in such a manner that the average neighbor under normal circumstances would not be aware of their existence. No exterior alteration of the residence or accessory buildings shall be made, and no sign other than those signs permitted in residential districts shall be erected. No more than 25 percent of the heated floor area, or a maximum area of 500 square feet, shall be used in the conduct of the home occupation.

(3)

Number of visitors. Group instruction in connection with the home occupation shall be permitted and shall be limited to a maximum of two students on the premises at any given time. Personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities shall be restricted to a maximum of two chair stations, provided a maximum of two clients shall be permitted on the premises at any given time.

(4)

Retail sales. No product or merchandise of any kind shall be sold on the premises, nor shall marketing based on samples or product display be accomplished. Sales of merchandise by telephone or the internet to be distributed from another location are permitted.

(5)

Manufacturing. No manufacturing, assembly or fabrication of products shall be conducted on the premises as an occupation or commercial venture.

(6)

Storage. No materials, goods, equipment or the like shall be stored outside an enclosed building.

(7)

Limited traffic. No traffic shall be generated in greater volumes than would normally be expected in the neighborhood. No more than one additional vehicle may be permitted in conjunction with the home occupation with a gross vehicle weight of less than 9,000 pounds used exclusively by the resident. Such vehicle shall be parked on a paved driveway or other paved parking area, carport, garage, or rear yard and shall not include a wrecker, dump truck, flatbed truck, tow truck or any truck with more than four wheels or more than two axles, or any van with a capacity of more than 15 people. Any need for parking generated by the home occupation shall be met off-street.

(8)

Spillover impacts. Any equipment or processes which create noise, dust, vibration, glare, smoke, fumes or odors detectable to the normal senses off the premises shall be prohibited. Any equipment or process which creates visual or audible interference in any radio or television receiver, or causes fluctuation in electrical line voltage off the premises, shall be prohibited.

(9)

Deliveries. No delivery or pickup services, including courier services, that would occur at a frequency of more than once daily shall be permitted.

(10)

Residency. Any person who obtains authorization permitting the conduct of a home occupation shall be a resident of the premises, who shall take substantially all of his lodging at the premises, store substantially all his personal belongings in the dwelling and shall use the address of the premises as his address for legal purposes such as voter registration and obtaining a motor vehicle license.

(11)

Hours of operation. No home occupation shall be conducted between the hours of 9:00 p.m. and 8:00 a.m.

(b)

The following activities and uses shall not be carried out as home occupations:

(1)

Night clubs.

(2)

Commercial establishments that dispense alcoholic beverages for on-premises consumption such as bars, taverns, and pubs.

(3)

Gasoline service stations.

(4)

Ambulance services and/or rescue squad services.

(5)

Medical offices and blood and/or organ banks.

(6)

Funeral homes and/or crematories.

(7)

Taxi services.

(8)

Amusement parks, arcades, game rooms, or other such commercial recreational activities.

(9)

Adult entertainment establishments, adult hotels or motels, adult mini-motion picture theaters, adult motion picture arcade, adult video store, or any other such sexually oriented businesses regulated by chapter 10, article II.

(10)

Animal breeding facilities and/or kennels.

(11)

Veterinary services clinics and/or animal hospitals.

(12)

Hospitals, clinics, hospices, or other medical treatment centers.

(13)

Recycling and/or waste-processing facilities.

(14)

Automobile, motorcycle, and other motor vehicle sales, repair, and/or detailing facilities.

(15)

Home appliance sales and/or repair facilities.

(16)

Restaurants.

(17)

Pawn shops and/or pawnbrokers' places of business.

(18)

Facilities that manufacture and/or store hazardous materials.

(19)

Fortunetelling, palm reading, or other such commercial establishments.

(20)

Any and all uses determined and classified by the zoning administrator to be a nuisance in residential areas.

(Ord. No. 05-08, § 2(9.14), 8-15-2005; Ord. No. 2015-002B, § 1, 2-9-2015)

No building shall be erected that would exceed the elevation of the Clayton County Courthouse. Buildings having a height greater than that of the courthouse may be approved, provided that the site elevation will permit such construction to remain below the highest point of the courthouse.

(Ord. No. 05-08, § 2(9.15), 8-15-2005)

Enclosure of front porches shall be prohibited without compensating construction of a replacement porch of equal or greater dimension. Similarly, enclosure of attached garages shall be prohibited without compensating construction of a replacement garage of equal or greater dimension. Replacement garages may be attached or detached.

(Ord. No. 05-08, § 2(9.16), 8-15-2005)

The architectural design standards of subsection 86-109(e) of the Tara Boulevard Overlay shall be applicable to all non-residential building exterior renovation in excess of 50 percent of the market value of the structure proposed for such renovation, as indicated on the current property tax bill and to all new non-residential construction in the city, regardless of the zoning district assigned to the property. These standards shall also be applicable to all building additions.

(Ord. No. 05-08, § 2(9.17), 8-15-2005)

Height limits established in this chapter pertaining to non-residentially zoned property shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, chimneys, smokestacks, water towers, transmission towers, flag poles, radio and television towers, masts, aerials and similar structures. Bulkheads, elevator penthouses, water tanks and heating and air conditioning units shall also be exempt, provided that such structures shall not cover more than 25 percent of the total roof area of the building on which such structures are located.

City council may issue conditional height permit that increases the height limit of a building on a lot in any zoning district, provided:

(1)

The property owner has applied for a conditional height permit and submitted plans and information identifying the type of development proposed, the maximum proposed structure height, and details of proposed development which guarantee accessibility for firefighting equipment throughout construction and thereafter, including noncombustible stairs and standpipes with water under adequate pressure and flow to every floor.

(2)

A determination has been made that the proposed development is consistent with the city's comprehensive plan, and that the proposed development is of such character as to be an asset to the immediately surrounding neighborhood.

(3)

The proposed development will not unduly restrict light and air to surrounding properties nor violate any transitional height plane controls established in this chapter for the protection of residential development.

(4)

The proposed development conforms to all other standards of the zoning district.

(5)

The side yard, front yard, and rear setbacks shall meet the particular district's requirements as described below:

The front, side and rear yard setbacks shall comply with the standards of the respective zoning district and conform to the following schedule:

•

Front yard. The front yard shall be increased one foot for every two feet of height above 35 feet.

•

Side yard. The side yard shall be increased one foot for every one foot of height above 35 feet.

•

Rear yard. The rear yard shall be increased one foot for every two feet of height above 35 feet.

(Ord. No. 05-08, § 2(9.17), 8-15-2005)

When two or more adjacent and undeveloped lots with continuous frontage are held in a single ownership following adoption of this chapter, and the lot width or lot area or both of the individual lots do not comply to the standards of the zoning district in which they are located, such lots shall together be deemed a single lot. Alternately, such lots shall be re-subdivided into several lots complying with the minimum permitted area, and the resulting lot or lots shall be subject to the dimensional requirements of this chapter.

A substandard lot of record may be developed according to the zoning district in which it is located, provided all yard requirements are met. No such substandard lot shall be developed prior to approval by the zoning administrator or his designee. Variances to these requirements may be considered in individual cases of hardship.

(Ord. No. 05-08, § 2(9.18), 8-15-2005; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The minimum front yard setback may be reduced to a dimension equal to the average front yard setbacks of the two developed lots adjoining in either direction, along the same street frontage.

(Ord. No. 05-08, § 2(9.19), 8-15-2005)

Where a lot is of record and does meet the lot width required in the respective zoning district, the required side yard may be determined by the average side yards of two developed lots adjoining in either direction, along the same street frontage.

(Ord. No. 05-08, § 2(9.20), 8-15-2005)

Where a lot of record contains an area less than the minimum lots area of the zoning district in which it is located, the lot may be developed, subject to the setbacks of the district.

(Ord. No. 05-08, § 2(9.21), 8-15-2005)

The minimum floor area required for a dwelling may be reduced to an area consistent with the floor area of the majority of dwellings on developed lots within four lots adjoining the lot in question, including lots across public streets, provided such lots are located within the same zoning district.

(Ord. No. 05-08, § 2(9.22), 8-15-2005)

The minimum lot size required for a residential building lot in sections of the city in which the majority of surrounding land has been developed may be reduced to an area equal to the average size of developed building lots within a 500-foot radius, provided such lots and land proposed for subdivision are located within an R-2 or R-4 zoning district.

(Ord. No. 05-08, § 2(9.23), 8-15-2005)