Macon County Unincorporated
City Zoning Code
City Zoning Code
GENERAL REGULATIONS
§ 155.045 INTERPRETATION.
(A) In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety, morals, and welfare.
(B) Where the conditions imposed by the provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations are more restrictive (or which impose higher standards or requirements) shall govern.
(C) This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than the easements, covenants, or other private agreements, the requirements of this comprehensive agreement shall govern.
(D) No building, structure, or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in any manner that, the lawful building, structure, or use is in conflict with the requirements of this chapter, the building, structure, or use remains lawful hereunder.
(E) All territory which may hereafter become a part of the unincorporated area of this county, by the dissolution of any incorporated city, village, or town, or by detachment from any city, village, or town, shall automatically become classified as a part of the zoning district under this chapter most closely analogous to the district classification the territory was in while a part of the incorporated area, if it was subject to zoning regulation while within the incorporated area. If the territory, while within the incorporated area, was not subject to zoning regulations, then it shall automatically, in the event aforesaid, become classified as part of the zoning district under this chapter most closely analogous to and which includes the use or uses actually being made of the territory at the time of the dissolution or detachment, which classification shall remain until changed by the order of the County Board enacted as near as may be in the manner provided for the district amendments as set out in § 155.027.
(F) Whenever any street, alley, highway, or other public way is vacated by official action, the zoning district adjoining each side of the street, alley, or public way shall be automatically extended to the center of the vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
(G) (1) All areas within the unincorporated territory of the county, which are under water and not shown as included within any district, shall be subject to all of the regulations of the district which immediately adjoins the water area.
(2) Where the water area adjoins two or more districts, the boundaries of each district shall be construed to extend to the center of the water area.
(H) Nothing contained in this chapter shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any building, structure, facility, or to carry on any trade, industry, occupation, or activity.
(I) The provisions in this chapter are cumulative and additional limitations upon all other laws and ordinance, heretofore passed or which may be passed hereafter, governing any subject matter in this chapter.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.046 SEPARABILITY.
It is hereby declared to be the intention of the County Board that the several provisions of this chapter are separable in accordance with the following:
(A) If any court of competent jurisdiction shall judge any provisions of this chapter to be invalid, that judgment shall not affect any other provisions of this chapter not specifically included in the judgment; and
(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or other structure, that judgment shall not affect the application of the provision to any other property, building, or structure not specifically included in the judgment.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.047 SCOPE OF REGULATIONS.
(A) All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which the buildings, uses, or land shall be located.
(B) However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within six months of the effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of §§ 155.065 through 155.070, nonconforming buildings, structures, and uses.
(C) Where the Zoning Administrator has issued a special use permit, or a permit for a variance pursuant to the provisions of this chapter, the permit shall become null and void unless work thereon is substantially underway within one year of the date of issuance of the permit by the Zoning Administrator.
(D) A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than one year for any reason.
(E) Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for the lot shall be provided and maintained unless otherwise stipulated in this chapter, except that side yards shall not be required on lots used for garden purposes without buildings or structures, nor on lots used for public recreation areas.
(F) No land which is located in a residential district shall be used for driveway, walkway, or access purposes to any land which is located in a business or manufacturing district, or used for any purpose not permitted in a residence district.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.048 REGULATIONS FOR SPECIFIC USES.
(A) Exemptions.
(1) The provisions of this chapter shall not be exercised so as to impose regulations or require permits with respect to land use or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used or to be used for agricultural purposes upon the land, except that the buildings or structures for agricultural purposes shall be required to conform to building or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of this chapter apply.
(2) The following uses, being exempted by the county zoning statute, are permitted in any district: poles, towers, wires, cables, vaults, pipelines, laterals, or any similar distributing equipment of a public utility.
(B) Fences, walls, and hedges.
(1) Except as provided in § 155.053, a fence, wall, or hedge may be erected, placed, maintained, or grown along a lot line on residentially zoned property to be a height of not exceeding eight feet above the ground level, except that no fence, wall, or hedge which is located in a required front or corner side yard shall exceed a height of three and one-half feet. No electric or barbed wire fence shall be permitted in any residential district except for the RE5 and RMH5 – Single Family Estate zones.
(2) No fence, wall, hedge, or shrubbery shall be erected, placed, maintained, or grown along a lot line on any nonresidentially zoned property, adjacent to residentially zoned property, to a height exceeding eight feet.
(3) In any residence district no fence, wall, hedge, or shrubbery shall be erected, constructed, maintained, or grown to a height exceeding three feet above the street grade nearest hereto, within 25 feet of the intersection of any street lines or of street lines projected.
(C) Mobile homes and manufactured homes. The following regulations apply to mobile homes and manufactured homes.
(1) A mobile home or manufactured home shall not be considered to be permissible as an accessory building.
(2) No person shall park, store, or occupy a mobile home for living purposes except in an approved mobile home park, or where permitted by a special use permit, or in an agricultural district when used for agricultural purposes.
(3) A mobile home or manufactured home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the home is located, only during the time construction or development is actively underway.
(4) Foundations for manufactured homes shall be the same design as required for conventionally build homes.
(D) Television satellite dishes. The following regulations shall apply to the placement of all television satellite dishes and similar devices (except those used for sales/display purposes only), whether attached to a building or structure, mounted on a permanent foundation, mounted on a temporary foundation, or placed on the ground.
(1) Any device mounted on the roof of a building must be set back from all property lines the same distances that are required for the building to which it is attached.
(2) Except as regulated in division (D)(1) above, all devices must be set back at least 35 feet from the front property line; at least 35 feet from a side property line along a street; at least three feet from a side property line not along a street; and at least three feet from the rear property line.
(3) No separation between these devices and any building shall be required.
(Ord. O-95-2-12, passed 2-9-2012) Penalty, see § 155.999
§ 155.049 SEWAGE DISPOSAL AND WATER SUPPLY.
Regardless of other provisions of this chapter, in all classifications and in all districts there shall always be sufficient ground area left unoccupied by a structure or paving for a proper system of sewage disposal and water supply conforming with the standards and requirements of the County Plumbing Code and all amendments relative thereto, the County Health Department, and the State Department of Public Health. Plot plans accompanying building permit applications shall show clearly the proposed sewage disposal system and well locations, if any.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.050 NUMBER OF BUILDINGS ON A ZONING LOT.
Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.051 ACCESSORY BUILDINGS.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. This definition is broadened to also include structures built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind but which are not permanently affixed to the land, such as structures built on skids and/or merely placed on the ground.
STRUCTURE. The definition is broadened to also include anything constructed or erected but which is not permanently affixed to the land.
(B) Regulations. The follow regulations shall apply to all accessory buildings. Where any two regulations are in conflict with each other, the more restrictive regulations shall apply.
(1) Stables, barns, and any building housing animals, livestock, or poultry must be set back at least 75 feet from all property lines.
(2) Special setbacks in the interchange overlay districts (see § 155.165). Building and structures shall be set back at least 80 feet from the right-of-way line of intersecting highways, or 160 feet from the centerline, whichever is more restrictive, 100 feet from the freeway right-of-way line and 30 feet from the right-of-way line of frontage roads and other roads of the internal circulation system. In the case of unusual changes in alignment of the intersection highway or unusual topographical characteristics which would cause undue hardship in the application of this requirement, a variance for a lesser setback distance from the intersecting highway may be granted.
(3) Front setback.
(a) The front setback required for an accessory building shall be the same as the front setback which would be required for a principal building fronting on that street. The required setback would be either the front setback specified for the zoning district in § 155.183, or the average setback of the existing buildings in that block, but not over 50% more than the specified setback for the zoning district (see § 155.184(B)(1) and (4)).
(b) On lots having double frontage, a front setback shall be required from both front property lines.
(4) Side setback.
(a) Except as noted below, all accessory building must be set back from any side property line at least the distance specified as the side setback for a principal structure in the zoning district (see § 155.183).
(b) On corner lots, the street-side setback shall be the same as the front yard setback which would be required for a principal building fronting on that street. The non-street-side setback shall be the same as the side setbacks identified in division (B)(4)(a) above.
(c) Where a side property line abuts an alley, no side setback shall be required.
(d) If an accessory building is not used as a residence or to store livestock and is to be set back at least 60 feet from the front property line, then the side setback may be reduced to three feet.
(5) Rear setback.
(a) Except as noted below, all accessory buildings must be set back from any rear property line at least the distance specified as the side setback for a principal structure in that zoning district (see § 155.183).
(b) On residential corner lots, the rear lines of the corner property shall be treated as side property lines and require the applicable side setback.
(c) Where a rear property line abuts an alley, no rear setback shall be required.
(d) If an accessory building is not used as a residence or to store livestock and is to be set back at least 60 feet from the front property line, then the rear setback may be reduced to three feet.
(6) Accessory building shall not cover more than 30% of the required rear yard, and not more than 50% of any required side yard, as specified for that zoning district in § 155.183.
(7) No accessory building shall be placed closer than ten feet from a principal building. No accessory building shall be attached to a principal building unless the accessory building meets all of the construction requirements for a principal building.
(8) Residential accessory building, including those on less than ten acres zoned A1 – Agricultural, shall not exceed 25 feet in height, measured from the top of the lower floor to the peak of the roof.
(9) Building permits.
(a) A building permit shall be required for any accessory building which is longer than ten feet on any side.
(b) No accessory building shall be constructed and no building permit shall be issued for an accessory building prior to the time of construction of the principal building to which it is accessory.
(10) Mobile homes and manufactured homes used as accessory buildings. See § 155.048.
(11) Accessory building shall only be built for and used for permitted accessory uses. Guest houses, servants quarters, apartments, and the like shall not be permitted as accessory buildings, except when issued a special use permit.
(Ord. O-95-2-12, passed 2-9-2012) Penalty, see § 155.999
§ 155.052 BULK REGULATIONS.
(A) Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of the building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
(B) Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. However, with respect to the resubdivision of improved zoning lots in the R6 Districts, side yard requirements shall not apply between attached buildings.
(C) Location and required open space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as the building or dwelling group.
(D) Required yards; existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(E) Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1) In all yards. Open terraces not over four feet above the average level of adjoining ground but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into the yard; recreational and laundry-drying equipment, arbors and trellises; and flag poles;
(2) In front yards. One-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard; fuel pumps and air and water service, provided they shall be set back at least 15 feet from the front lot line;
(3) In rear yards. Enclosed, attached, or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, and similar building or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard; and
(4) In side yards. Overhanging eaves and gutters projecting 18 inches or less into the yard; fuel pumps and air and water service, provided they shall be set back at least 15 feet from the side lot line.
(F) Floor area ratio application in particular cases. In all cases where two or more continuous zoning lots are in common ownership and there was at the adoption date of this chapter an existing building on one of the lots with less than the permitted maximum floor area ratio; the owner may elect to add the unused portion of the floor area ratio of the existing building to the maximum floor area ratio of any addition to the existing building to be constructed on the adjoining zoning lot; and in the event the existing building was lawfully existing at the date of adoption of this chapter and exceeds the permitted maximum floor area ratio, an addition to the existing building to be constructed on an adjoining lot shall be entitled to the maximum floor area ratio permitted in the district in which it is located.
(Ord. O-95-2-12, passed 2-9-2012) Penalty, see § 155.999
§ 155.053 OFF-STREET PARKING AND LOADING FACILITIES.
(A) Scope of regulations. The off-street parking and loading provisions of this chapter shall apply as follows.
(1) For all building and structures erected and all uses of land established after the effective date of this chapter, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which the buildings or uses are located. However, where a building permit has been issued prior to the effective date of this chapter, and provided that construction is begun within six months of the effective date and diligently prosecuted to completing, parking, and loading of the facilities in the amounts required for the issuance of the building permit may be provided in lieu of any different amounts required by this chapter.
(2) When the intensity of use of any building, structure, or premises shall be increased through addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for the increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide the additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than 15% of the units of measurement existing upon the effective date of this chapter, in which event parking or loading facilities as required herein shall be provided for the total increase; provided, however, that in the case of the expansion or alteration of residential buildings required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of the building.
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for the new use. However, if the building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this chapter.
(B) Existing parking facilities. Accessory off-street parking facilities in existence on the effective date of this chapter and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than shall not be further reduced below, the requirements for a similar new building or use under the provision of this chapter.
(C) Permissive parking and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, and operation of the facilities are adhered to.
(D) Damage or destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date of this chapter, which subsequently thereto is damaged or destroyed by fire, collapse, explosion, or other cause, and which is reconstructed, reestablished, or repaired, off-street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of the damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.
(E) Control of off-site parking facilities. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, the facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. The possession may be either deed or long-term lease, the term of the lease to be determined by the Zoning Board of Appeals. The owner of the land on which the parking facilities are to be located shall be bound by covenants filed on record in the office of the Recorder of Deeds, requiring the owner, his or her heirs, and assigns to maintain the required number of parking facilities for the duration of the use served or of the lease, whichever shall terminate sooner.
(F) Submission of plot plan. Any application for the building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensional, showing any parking or loading facilities to be provided in compliance with this chapter.
(Ord. O-95-2-12, passed 2-9-2012) Penalty, see § 155.999
§ 155.054 EXISTING SPECIAL USES.
(A) Where a use is classified as a special use in the district in which it is zoned under this chapter, and exists as a special or permitted use under the terms of this chapter immediately prior to the date of the adoption of this chapter, it shall be considered to be a legal special use.
(B) Where a use is not allowed as a special or permitted use in the district in which it is zoned under this chapter, and exists as a special use under the terms of this chapter immediately prior to the date of the adoption of this chapter, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of §§ 155.065 through 155.070.
(Ord. O-95-2-12, passed 2-9-2012)