No building structure, land or part thereof, shall be used or occupied, and no building or structure shall hereinafter be erected, constructed, re-constructed or altered and maintained, and no new use or change shall be made or maintained on or of any building, structure or land or part thereof, except in conformity with the provision of this ordinance and other applicable local, state building and health codes. Please see Article XVIII: Nonconforming Uses for further information regarding development regulations in Macon County.

An accessory building shall not be located less than ten (10) feet from side or rear lot lines.

When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall be considered part of the principal building and shall comply with the yard/setback requirements of the principal building.

No accessory building shall be constructed prior to construction of the principal use building, with the exception of farm buildings in the Agriculture district.

An accessory building in the side yard of a corner lot shall not be closer to the right-of-way line of a side road than the required front yard setback along said side road.

An accessory building is a building that is greater than 200 Square Feet. All other buildings will be considered as pump house for protection of operational part of wells.

All fuel pumps and above-ground storage tanks shall be setback at least twenty-five (25) feet from the nearest road right-of-way line.

Curb cuts (vehicular entrance or exit) for service stations shall not exceed thirty-five (35) feet in width, and there shall not be more than two (2) curb cuts to a service station per road frontage. Two (2) curb cuts on the same road frontage shall be separated by a distance of not less than twenty-five (25) feet.

Where a service station abuts a residential district, the commercial land use must erect a solid evergreen buffer, solid fence or wall at least six (6) feet high along that portion of the boundary shared with the residential district.

No structure, plant(s) or other visual obstruction between the heights of two (2) feet and twelve (12) feet above grade elevation shall be allowed or permitted within twenty-five (25) feet of the intersection of two (2) road rights-of-way, or the intersection of a road right-of-way and railroad right-of-way. Utility poles and traffic signs may be allowed in said area.

The intent of this section is to provide for the reasonable development of home occupations as an accessory use to a residential use.

1.

The owner of a home occupation must have a county business license as required by county code.

2.

The number of employees not living on-site shall be limited to two.

3.

No internal or external physical alteration which would be inconsistent with residential use of the building shall be permitted.

4.

Business use shall not occupy more than 25% of the gross floor area of the residence.

5.

No mechanical equipment shall be used for a home occupation except that which is normally used for domestic or agricultural purposes.

6.

No display of products shall be visible from the road, and only products produced on the premises may be sold on the premises.

7.

The only vehicles permitted in connection with the conduct of the customary home occupation shall be vehicles used primarily as passenger vehicles.

8.

Adequate off-street parking must be provided for the residents, employees and business visitors.

9.

Only one (1), point-of-business, motionless, non-lighted sign, not exceeding two (2) square feet in area, is allowed on-site, and it must be attached to the structure housing the home occupation. No advertising signs are allowed on-site.

10.

The occupation shall not constitute a nuisance in the neighborhood.

11.

Nursing or convalescent homes, childcare centers, boarding houses, massage studios; restaurants or similar establishments shall not be considered home occupations.

12.

Rural Business Description, Development Standards, Exemption.

12.1

A rural business shall be secondary or incidental to the primary use of property for agricultural or residential purposes. Such business shall be primarily directed toward providing local or neighborhood services to rural-residential areas. Rural businesses are intended to be of smaller size, intensity and scale than commercial uses that would be more commonly found in a commercial district. Rural businesses shall be similar to home occupations except that the activity can occur in an accessory structure detached from the residence. In addition, an applicant for a rural business permit must be residing on the subject property prior to any application being filed for consideration by the Zoning Commission, and must maintain residency thereon throughout the period the business continues to operate.

12.2

Development Standards. The following standards shall apply to all rural businesses.

a.

A permitted, rural business shall be valid only as long as the original petitioner owns and operates the business and maintains a valid business license. The rural business use permit is not transferable. The rural business use permit shall become void upon expiration of the business license. Any subsequent owner of property previously permitted for a rural business use must apply to the Zoning Commission for a rural business use permit.

b.

The property containing the site of the rural business must also be the bona fide residence of the petitioner/business owner.

c.

A rural business shall be located on property containing at least one (1) acre of land, and the site upon which the business is actually conducted shall not exceed one-half acre of land.

d.

Only one (1) non-illuminated sign, limited to a maximum of sixteen (16) square feet, shall be permitted. This sign may have two (2) faces of up to sixteen (16) square feet each, back to back, sharing the same set of supports.

e.

Adequate off-street parking must be provided for residents, employees and business visitors.

13.

Exemptions. The following standards shall apply to all rural businesses unless the petitioner can demonstrate to the satisfaction of the Zoning Commission that exemption from one or more of the standards will not result in adverse impacts on surrounding property(ies). A modification of the following standards shall be permitted only if: (a) there are special and unusual topographic conditions unique to the property or structure; or (b) The proposed use is clearly of such a small scale, and will remain at such small scale that conducting or operating the business would not be obvious or noticeable from the adjoining property or by the public in general; and (c) If the intent of the rural business is maintained.

13.1

The rural business must be located to the side or rear of the principal residence on the property.

13.2

Neither the structure in which the rural business is housed, nor the grounds on which rural business activity is performed, shall contain equipment which would not ordinarily be found in accessory structures in an agricultural/residential district.

13.3

The structure shall be readily and easily usable for customary agricultural and residential uses.

13.4

The architectural style shall be in keeping with surrounding agricultural and residential development.

13.5

A rural business shall not exceed 15,000 square feet of gross floor area.

13.6

A rural business shall have no more than twenty-five employees who do not reside in the principal residence on-site.

Upon receipt of a rezoning petition the Zoning Commission may determine the proposed development, though neither permitted nor conditioned in the district in which the proposed development site is located, may have less impact than some of the land uses permitted or conditioned in the district. The Zoning Commission may, in response to a rezoning petition, recommend to the Board of Commissioners that the site in question be approved for development as a specific limited use, e.g. C-2 L.U. beauty shop, rather than for the more general land use of commercial development. However, any such limited use must previously have been specifically permitted or conditioned in at least one of the county's zoning districts.

Each lot containing a principal building shall have frontage of at least one hundred (100) feet on a publicly owned or maintained right-of-way, except as may otherwise be stipulated herein. A variance may be permitted for lot frontage on a cul-de-sac, provided lot width at the building line is not less than the frontage granted by variance.

Per lot except as otherwise provided herein, only one single-family, detached dwelling and its customary accessory structures shall hereafter be placed or erected on any residential lot. For the purpose of supporting farming operations there shall be permitted in the Agriculture district one (1) secondary residential use per each ten (10) acres on a farm under single ownership (maximum of eight secondary residences) where the following conditions can be met:

1.

Each secondary residence can be established only for persons directly supporting farming operations or for siblings and/or their spouses.

2.

Each secondary residence shall occupy a land area of not less than one acre reserved for the specific use of said residence.

3.

Each such land area shall be identified by permanent, physical markers and assigned an address in accordance with the county's system of addressing rural properties.

4.

Each such land area shall receive approval from the county health department as to its suitability as a site for an effective sanitary sewage disposal system designed to accommodate wastes generated by occupants of said site.

5.

A domestic water supply which satisfies the rules and regulations administered by the county health department shall be made available to each secondary residence.

6.

No commercial use of this special provision shall be permitted.

7.

Each secondary residence shall have a minimum road frontage of 100 feet; have direct access to the public thoroughfare system.

8.

Individual power supply sources shall be provided to each secondary residence, and each utility installation shall meet such standards as have been adopted by appropriate, local authorities.

9.

Secondary residences shall meet the requirements of local construction codes established by the Macon County Board of Commissioners.

10.

Any change in use or occupancy must be approved by the Zoning Administrator.

11.

Permits for construction will not be issued prior to approval of each of the aforementioned conditions, as applicable.

Open-air businesses shall blend with the rural environment in which they are permitted, and be compatible with surrounding rural development. Open-air business uses shall include the following:

1.

Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

2.

Retail sale of fruit and vegetables.

3.

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation services.

4.

Bicycle, trailer, motor vehicle, boat or home equipment sales, repair service or rental service.

5.

Outdoor display and sale of garages, swimming pools and similar uses.

No requirement mandated herein shall be enforced where said requirement or provision is in conflict with public health, safety and welfare codes enforced by the Macon County Health Department.

Required open space may not be used by another building. No part of any yard, other open space, or off-street parking or loading space required in connection with any building, structure, or use by this ordinance shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building, structure, or use.

No lot existing at the time of passage of this ordinance 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 ordinance for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

1.

No dwelling shall be erected on a lot which does not abut an open public road or a private road meeting current county development standards and duly approved by the Road Superintendent;

2.

The standard drive way to a lot shall not be less than 12 feet in width;

3.

There shall be no overhead branches or sign obstruction located on the entry way hanging lower than 12 feet;

4.

The road must be accessible in all weather and;

5.

If the road is a one-way in and one way out there must be an area of clearance of not less than 100 feet or a cul-de-sac style of turn around point at the end of the "road."

Lots which front more than one road or street shall satisfy the front setback requirements for each road or street it fronts.

If either a use or class of use is not specifically stated as being permitted in a district, either as a matter of right, or as a Special Exception, then such use, class of use or structures for such use shall be prohibited in such district.

Any lot of record existing at the time of the adoption of this ordinance which has an area or a width which is less than that required by this ordinance may be used as a building site for a structure or use permitted in that zone; provided, however, that the same yard, setback, open space, and other dimensional requirements are met that would be required for a standard lot.

In the event an undeveloped lot of record is reduced in size through an act of public dedication or condemnation for public purposes, the development standards contained in the chapter for width, depth, or area may be waived by the Macon County Zoning Commission and such property may be utilized for all permitted and, where authorized, conditional uses. Said waiver is permissible only if the county health department determines that the health and general welfare of the lot owner and Macon County will not be adversely affected by the intended use. Adjacent, underdeveloped lots of record which are owned by the same individual and which are affected by dedication or condemnation for public purposes shall be combined, and where possible to standard lots.

Every lot that holds a residential structure shall have an area that is cleaned of dead vegetation at least 40 feet from the base of the living/storage structure.