Where the owner of a plot of land consisting of one (1) or more adjacent lots of record at the time of the enactment of the ordinance codified in this title did not at that time own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this title, such plot of land may nevertheless be used as a building site. The yard and other space requirements of the district in which the plot of land is located may be reduced by the smallest amount that will permit a principal building of minimum acceptable size to be built upon the lot.

(Ord. No. 25-01-02, § 1, 1-2-2025)

In any district no fence, structure, planting or other obstruction between a height of two and one-half (2.5) feet and ten (10) feet shall be maintained within twenty (20) feet of the intersection of the right-of-way lines of two (2) streets or railroads or of a street intersection with a railroad right-of-way.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Temporary buildings used only in conjunction with construction work may be permitted in any district but shall be removed promptly upon completion of construction.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The front yard setback requirements of this title for buildings shall not apply to any lot where the average setback of existing buildings, located wholly or partially within two hundred (200) 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 front yard depth. In such case, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots. When such average setback is greater than required by the district, such average setback will be observed but need not be greater than one hundred fifty (150) percent of the required setback of the district.

(Ord. No. 25-01-02, § 1, 1-2-2025)

In any residential or office institutional district, the side yard requirements for corner lots along the side street shall be the equal to the front yard setback requirements. Accessory buildings shall observe all setback requirements.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The height limitations of this title shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments; water towers; observations towers; transmission towers; chimneys; smokestacks; conveyors; flagpoles; radio towers; television towers; masts; aerials; and similar structures.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Housing density determination. The maximum number of lots in a subdivision shall be determined by either of the following two (2) methods, at the discretion of the applicant:

A.

Calculation. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

1.

Slopes over twenty-five (25) percent of at least five thousand (5,000) square feet contiguous area;

2.

The 100-year floodplain;

3.

Bodies of open water over five thousand (5,000) square feet contiguous area; and

4.

Wetlands that meet the definition of the Army Corp of Engineers pursuant to the Clean Water Act.

B.

Yield plan. The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended [to] yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.

C.

If all standards set forth in this section are met, the underlying density established by this code may be increased by up to twenty (20) percent at the discretion of the mayor and city council, upon recommendation of the planning commission. Density incentives shall be based upon a demonstration by the applicant of at least two (2) of the following:

1.

Affordable housing. The site can qualify if a minimum of fifteen (15) percent of the housing is restricted to households having an income that does not exceed one hundred twenty (120) percent of the area median income for the family size having the same number of persons as the subject household for the Atlanta-Sandy Springs-Marietta, Georgia, Metropolitan Statistical Area, as published by the U.S. Department of Housing and Urban Development as of the date of the household's application, and whose housing and utility costs do not exceed thirty (30) percent of the household's annual gross income; or

2.

Art and/or cultural feature. The site can qualify if art features are created and/or a historic or cultural feature is preserved; or

3.

Provision of senior and affordable housing. To provide housing opportunities for senior citizens and working poor in situations where such opportunities might not otherwise be provided; or

4.

Inclusion of environmental features. To advance the goals of the city regarding environmental sustainability and stewardship. Environmental features may include:

a.

Sustainable building construction including, but not limited to, LEED certification or practices, "solar ready" construction standards, "EV Ready" parking locations (this could be for each unit or at the community level); or

b.

Development level or "community" green features including, but not limited to, community compost facilities, community solar and/or geothermal energy harvesting capabilities (including these features in the open greenspace), green infrastructure, parking lot green infrastructure, rainwater management for irrigation of greenspaces, and "smart lighting" of sidewalks/community spaces.

(Ord. No. 25-01-02, § 1, 1-2-2025)

When a required buffer area would abut and be contiguous to an established buffer area, which meets all requirements of this title, then such additional required buffer area need not be established.

(Ord. No. 25-01-02, § 1, 1-2-2025)

For purposes of this title, no lot or parcel of land in one (1) use district shall be deemed to abut, face or be adjacent to a lot or parcel in another use district when a public street separates the two (2) parcels.

(Ord. No. 25-01-02, § 1, 1-2-2025)