(a)

No building, structure, land or open space shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No existing building, with a change of occupancy, shall be occupied until an inspection by the city manager or designee has been performed for conformity with the provisions of this chapter by the new use.

(Ord. of 9-18-2014(2))

No building or structure may be erected or use established unless upon a lot of record as defined by this chapter except as otherwise provided herein.

(Ord. of 9-18-2014(2))

No building or other structure shall hereafter be erected or altered to exceed the height limits of this chapter; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, or other open spaces than herein required; or be in any other manner contrary to the provisions of this chapter.

(Ord. of 9-18-2014(2))

No part of a yard or the off-street parking or loading spaces that are required in connection with any building or use for the purpose of complying with the regulations of this chapter shall be included as part of the yard or off-street parking or loading spaces required for another building except as specifically provided herein. No part of a lot that is flooded by a 100-year recurrence interval storm event may be counted as part of the required minimum lot area.

(Ord. of 9-18-2014(2))

(a)

Within residential districts, exempting group developments, not more than one principal building or structure or use and its customary accessory buildings and uses shall be permitted on any lot.

(b)

In nonresidential districts, more than one structure housing a principal permitted use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Ord. of 9-18-2014(2))

No single-family residence shall be permitted on a lot of less than one acre of usable land when it is to be served by septic tanks, regardless of the zoning district classification. The Walton or Gwinnett County Board of Health will evaluate each individual request for a permit on a case-by-case basis. All septic tanks must be approved by the city council.

(Ord. of 9-18-2014(2))

Except as otherwise provided herein, no lot existing at the time of passage of the ordinance codified in this chapter shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this chapter for the district in which it is located, unless said reduction or division is necessary to provide land which is needed and accepted for public use.

(Ord. of 9-18-2014(2))

Any lot of record existing at the time of the adoption of this chapter, which has an area or a width which is less than required by this chapter, shall be subject to the following exceptions and modifications:

(1)

Adjoining lots. When two or more adjoining and vacant lots within a nonapproved development with continuous frontage are in a single ownership at the time of application, and such lots have a frontage or lot area less than is required by the district in which they are located, such lots shall be re-platted or re-parceled so as to create one or more lots which conform to the minimum frontage and area requirements of the district.

(2)

Lots not meeting minimum lot size requirements. When a lot has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record at the effective date of the ordinance codified in this chapter, such lot may be used for any use allowed in the zoning district in which it is located provided that all other requirements of this chapter are met.

(Ord. of 9-18-2014(2))

In the event there exists a landlocked lot, as of the effective date of the ordinance codified in this chapter, the property owner shall be entitled to only one building permit, provided:

(1)

No other principal building exists or is being constructed on said property;

(2)

No other valid building permit has been issued prior to the effective date of the ordinance codified in this chapter and is currently valid;

(3)

The property was and continues to be under single ownership since the effective date of the ordinance codified in this chapter;

(4)

The property owner has acquired a 30-foot access easement to a publicly maintained street, and said easement has been duly recorded and made a part of the property deed; and

In the event said property is divided, no additional permits will be issued.

(Ord. of 9-18-2014(2))

No building or structure shall hereafter be erected on a lot that does not abut for at least a distance of 40 feet upon an open street which shall be either a public street, publicly maintained street, or a publicly approved street.

(Ord. of 9-18-2014(2))

All city and county approvals that are required for the use of land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted with a request for a building permit, an occupancy permit, a zoning amendment or a variance. Except as otherwise required by state law, no local action shall be taken and no public hearing shall be held until the above-required approvals have been obtained by the applicant.

(Ord. of 9-18-2014(2))

For all residential, commercial and industrial developments fronting on a state highway, no building permit shall be issued until the approval of the state department of transportation has been obtained by the applicant on entrances and exits, curb radii, drainage and other matters that are the appropriate concern of the department.

(Ord. of 9-18-2014(2))

Nothing in this chapter shall require any change in the construction or intended use of a building that is legally under construction or for which a building permit has been issued as of the effective date of the ordinance codified in this chapter and the construction of which shall be diligently pursued until completion.

(Ord. of 9-18-2014(2))

Nothing in this chapter shall require any change in development or proposed use of properties which are legally under construction or for which a development plan or preliminary plat has been approved as of the effective date of the ordinance codified in this chapter provided that construction shall commence within one year from the effective date of the ordinance codified in this chapter.

(Ord. of 9-18-2014(2))

(a)

Accessory uses or structures shall be permitted only in side or rear yards, unless otherwise provided in this chapter.

(b)

Accessory uses or structures shall be permitted if they meet the following:

(1)

Residential lots of one acre or less shall be allowed a swimming pool and one other accessory structure of a different type. Surrounding decks along with any associated equipment room, cabana, pool house, gazebo, pergola, etc., constructed at the same time and under the same permit as the swimming pool are not considered separate structures for the purposes of this section.

(2)

Residential lots larger than one acre shall be allowed a swimming pool and one other accessory structure of a different type, and one additional accessory structure for each full acre in excess of one acre.

(3)

Accessory structures shall comply with front yard set back and be set back not less than ten feet from side and rear yard.

(4)

An accessory structure located on one acre or less shall not be any larger than 18 feet by 24 feet. An accessory garage shall be used solely to house vehicles and other accessory items such as garden tools, lawn mowers, weed eaters, carpenter tools, etc., as related to residential use.

(5)

Accessory structures located on property in excess of one acre or more will not be restricted to size, provided the structure meets all city codes and other requirements of this chapter and is clearly subordinate to the principal structure.

(6)

Accessory structures in residential districts shall not be used for any type of commercial operation whether permanent, parttime or as part of a home occupation. Accessory buildings in residential districts shall not be used for the storage or warehousing of bulk items, such as food, clothing, furniture, household supplies, automobile parts, building materials, landscaping supplies, and large quantities of items not listed.

(7)

No accessory structure shall exceed a height of 15 feet to the top of the ridge board.

(8)

Detached accessory structure shall be located at least 15 feet from the principal structure on a lot.

(Ord. of 9-18-2014(2))

No dwelling unit or other permanent structure shall be relocated in the city unless, when relocated, it meets all requirements of this chapter and other city code requirements, and prior to the transportation of the structure the relocation must be approved and permitted by the city manager or designee.

(Ord. of 9-18-2014(2))

A temporary building or building for use in connection with a construction project or land subdivision or development shall be permitted on the land of the project during the construction period. Temporary buildings related to a subdivision or development shall be removed when 95 percent of all lots are occupied by completed homes or within four years, whichever occurs first.

(Ord. of 9-18-2014(2))

Swimming pools accessory to residences shall be enclosed by a security fence of a minimum height of five feet with a gate containing a self-closing positive latch device to ensure that the pool is enclosed at all times.

(Ord. of 9-18-2014(2))

Any constructed or prefabricated pool used other than in conjunction with a private residence requires health department approval. All pools shall be enclosed by a fence of a minimum height of five feet with all gates containing a self-closing latch device to ensure the pool is enclosed at all times.

(Ord. of 9-18-2014(2))

For purposes of this chapter, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, motor coaches, tent trailers, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. Such major recreational equipment may be parked or stored only in side yards or rear yards or in a carport or enclosed building; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. In the case of a corner lot, no vehicles may be parked or stored in the side yard on the street side of the lot. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

(Ord. of 9-18-2014(2))

It shall be unlawful for any person to park any vehicles in excess of 2,000 pounds load capacity, as identified or classified or defined by the manufacturer, in any area within the corporate limits of the city zoned residential for any period longer than six hours, except while actually engaged in loading or unloading. However, trailers, mobile homes, motorized homes, boats, boat trailers and utility trailers are exempted from this section. For purposes of this section, trailers are defined as vehicles with or without motive power, other than pole trailers, designed for carrying persons or property and for being drawn by motor vehicles and so constructed that no part of its weight rests upon the towing vehicle.

(Ord. of 9-18-2014(2))

It shall be prohibited in all residentially zoned districts to park or store abandoned, wrecked or junked vehicles, power-driven construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable material in quantity. For the purposes of this section, an abandoned vehicle shall be a vehicle without a valid, current state license plate or which is discarded, wrecked, scrapped, ruined, dismantled, partially dismantled or without a valid license plate attached thereto.

(Ord. of 9-18-2014(2))

No vehicles shall be parked in a commercial parking lot or place of business offered for sale, except in designated car sales lots. Cars will be towed at owner's expense.

(Ord. of 9-18-2014(2))

(a)

Permitted. A home occupation as defined by this section shall be governed by the following requirements:

(1)

Only residents of the dwelling containing the home occupation may be engaged in the home occupation.

(2)

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building.

(3)

No display of products shall be visible from the street or premises, except bona fide agricultural products grown on the premises.

(4)

Use of the building for the purpose of a home occupation shall not exceed 25 percent of the square footage of one floor of the principal building.

(5)

No external alterations inconsistent with the residential use of the building shall be permitted.

(6)

The occupation shall not constitute a nuisance to the neighborhood. Furthermore, except as would be caused by a typical residential use, no noise, vibration, dust, odor, smoke, glare, or electric disturbance that is perceptible beyond any property line will be permitted to occur as a result of the home occupation.

(7)

No accessory buildings or outside storage shall be used in connection with the home occupation.

(8)

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation. Not more than one car and one pickup truck or panel truck used in the business may be parked overnight; provided not more than one additional such vehicle may be parked at the premises during the day, and provided the gross vehicle weight of such vehicles does not exceed one ton; and provided that material kept on such vehicles is enclosed or kept in the bed of the vehicle, but not stored on racks.

(9)

Pursuant to the above requirements, a home occupation includes but is not limited to the following:

a.

Art studio;

b.

Dressmaking;

c.

Professional office of a lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent or other similar occupation;

d.

Teaching individual musical instruments, dance or academic pupils, provided instruction is limited to not more than two pupils at a time;

e.

The shop of a barber, beautician, or similar occupation, provided facilities are designed to accommodate only two persons at a time, and provided personal services are those which are provided on an appointment-only basis;

f.

The care of less than six children for compensation.

(10)

The occupation must operate under a home occupational license.

(11)

The occupation must be subject to a fire service inspection.

(12)

A home occupation shall not be interpreted to include any occupation or profession providing medical or mental services, including, but not limited to, physician, veterinarian, dentist, psychiatrist, or psychologist, nor shall it be interpreted to allow the preparation of food for sale on the premises.

(b)

Prohibited. A customary home occupation specifically does not include the following:

(1)

Dancing or band instrument instruction in groups.

(2)

Florists or flower shops.

(3)

Tearooms and restaurants.

(4)

Tourist homes, boardinghouses or roominghouses.

(5)

Fish hatcheries, worm farms or bait houses.

(6)

The care of more than six children for compensation.

(7)

Convalescent and nursing homes.

(8)

Kennels and animal hospitals.

(9)

Clinics and hospitals.

(10)

Retail sales.

(11)

Firewood sales.

(Ord. of 9-18-2014(2))

When a lot of record has a width less than required in the district in which it is located and said lot cannot be increased in width as provided herein, then the city manager or designee shall be authorized to reduce the side yard requirements for such lot; provided, however, that the side yard shall not be reduced to less than five feet.

(Ord. of 9-18-2014(2))

Architectural features such as cornices, eaves, steps, gutters and fire escapes may project not more than three feet beyond any required setback line, except where such projections would obstruct driveways that may be used for access for service or emergency vehicles. In case of automobile service stations, motels, and similar uses which serve the motoring public, canopies shall be allowed over a driveway or walkway within the front yard, not to extend from the principal building to a point any closer than 15 feet to the street right-of-way.

(Ord. of 9-18-2014(2))

Any structure hereafter erected or altered shall comply with the height limitations of the district in which it is located except as specified herein.

(Ord. of 9-18-2014(2))

The height limitations of this chapter shall not apply to church spires, belfries, flagpoles, monuments, cupolas, domes, ornamental towers, nor to observation towers not intended for human occupancy, water towers, communication towers or antennas.

(Ord. of 9-18-2014(2))

On corner lots within all zoning districts, no fence, shrubbery, or other obstruction to traffic line of sight vision shall exceed a height of 2½ feet within a triangular area formed by the intersection of the right-of-way lines at two points, each 20 feet distant from the intersection of the right-of-way lines, or, in the case of a rounded corner, from the point of intersection of their tangents.

(Ord. of 9-18-2014(2))

(a)

No fence or walls in excess of eight feet in height shall be installed. Fences in subdivisions shall be limited to chainlink type or other decorative type. No barbed wire or field fence or electric fences are allowed in a subdivision or in residentially zoned areas.

(b)

No fence shall be placed any closer to the street than the front building line setback of any lot. In the case of corner lots, fences may be constructed in the yard along the street to the side of a building or dwelling but shall not encroach upon the yard on which the building or dwelling fronts.

(Ord. of 9-18-2014(2))

Heights of fences, hedges and other continuous foliage shall be measured from the top of the adjacent street curb, surface of an alley or the official established grade thereof, whichever is the higher. On inside lot lines the measurements shall be from the average grade of the lot line of the parcel or property having the lower elevation.

(Ord. of 9-18-2014(2))

The planning commission may approve, or may recommend as a condition for granting approval, that fences or plantings of a height in excess of these regulations be placed as shielding between different uses, or between like uses upon agreement between the parties affected thereby, provided that no such approval shall have the effect of reducing corner visibility as provided for herein.

(Ord. of 9-18-2014(2))